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February 21, 1967
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Sanitized - Approved For Release : CIA-RDP S 2358 CONGRESSIONAL RECORD -SENATE per capita dues of 25 cents to $1 to finance rebuilding of the union. He said the funds would provide the means to make NFFE a "real union," and take it out of the "sewing circle" image some people have of it. Wolkomir plans to invite all independent Federal employe unions such as those that represent the Rural Letter Carriers, postal supervisors, Internal revenue, customs and other employes, to form a federation to work [From the Washington Post, Oct. 5, 19661 PRIVACY RIGHTS UNIT PROPOSED (By Jerry Kluttz) ..Creation of a small Independent agency headed by a distinguished citizen to oversee invasions of Federal employe privacy was suggested yesterday to the Senate Constitu- tional Rights Subcommittee. Alan F. Westin, a Columbia University pro- fessor of public law and government, pro- posed that the agency be sort of an "om- budsman" where employes could go with complaints that their constitutional rights were being threatened or violated. His plan impressed Chairman Sam J. Ervin (D-N.C.) and Sen. Jacob Javits (R.-N.Y.). As Westin saw it, and agency would be a "sifting body" to determine legitimate com- plaints. It would limit the use of lie de- tector and psychological tests; give corn- plaining employes hearings and the like. The professor didn't believe the Civil Serv- ice Commission could objectively handle em- ploye complaints because it fixes many of the policies which produced employe charges that their constitutional rights of privacy are being violated and which resulted In Er- vin's bill, co-sponsored by 34 other Senators, to protect these rights. But Westin also thought that some pro- visions of the Ervin bill were too broad and sweeping and, at the Chairman's Invitation, he promised to help rewrite the measure. ' Ervin said the language in his bill was in- tended to prevent these among other abuses which he said had occurred: A supervisor who called five employes under him at their homes to pressure them to donate to a charity fund. He told them he was compelled to meet the quota set for his unit. A supervisor in another agency who co- erced employees to participate in their local PTA's, The Indoctrination of employes on po- litical goals of the Johnson Administration, and pressure placed on the employees to work for those goals, such as open houting. John A. McCart of AFL--CIO's Government Employees Council, gave general endorse- ment to the Ervin bill. He agreed that the public has a right to know about possible conflicts of interest but he said "overzealous scrutiny" of personal finances of employees could result in "loss of dignity and fear." Hatch Act: The President signed into law yesterday abill to set up a 12-man commis- sion to review the Hatch Act which restricts partisan political activities by Federal em- ployes. The signing was applauded. by the influential National Civil Service League whose president J. Edward Day, commented In part: "We believe that the political neutrality of the public service must continue to be pro- tected, and yet recognize that we as a nation may be approaching the point where we can- not afford to place so large a portion of our mature voters in a political 'no man's land i" Kathryn H. Stone, a former member of the Virginia House of Delegates, was appointed chairman of a League committee of political activity of public employes to study pos- [From the Washington Post, Sept. 18, 19661 PERSONALITIES RESENT TESTING-TOUTED MMPI SYSTEM or DETERMINING EMOTIONAL STABILITY RIDDLED BY INVASION OF PRIVACY CHARGES (By Alfred Friendly) "The whole field of personality testing Is in both disrepute and disrepair." That harsh charge against one of modern psychology's most prideful constructions was thrown in the practitioners' faces earlier this month by a distinguished legal scholar and political scientist. Addres:,ing the American Psychological As- sociation, Prof. Alan F. Westin of Columbia University told the members something they already knew and were worrying about, but he put it in particularly blunt terms: There is a large and growing antagonism to per- sonality tests, not merely on grounds of their doubtful effectiveness but principally as gross invasions of privacy. The hostility to psychological testing for emotional and personal stability (as distinct from aptitude, vocational and even intelli- gence testing) is demonstrated by a pro- vision of a bill Sen. Sam J. Ervin Jr. (D- N.C.) introduced last month. One section forbids any interrogation of any Federal em- ployee about his personal relationships with his family, his religious beliefs and practices and his sexual conduct and attitudes. All three categories are at the heart of psycho- logical and psychiatric examinations for - mental posture. ALREADY CURTAILED Sen. Ervin's bill followed extensive investi- gations by Senate and House Committees on invasion of privacy by, among other things, personality testing. Meantime, there has been a drastic curtailment of the use of such- tests by Government agencies. The American Psychological Association acknowledges that the "attacks upon phy- chological testing and upon psychologist- guided selection methods reached a now height in 1965" and that "this ... barrage is the most serious attack that has ever been launched by citizen groups or by Government against any part of psychological research and services." There is a multitude of personality tests, but.the one that appears to have become the principal target of the critics and to epitomize what they object to is the Minne- sota Multipilasic Personality Inventory. The psychologists seem to be stuck with it, and for the time being their case for per- sonality testing, as an aid in determining emotional stability or as a screening device or a warning flag to call attention to poten- tial or future psychotics, rises and falls with it. It consists of 556 true-false questions, some of them inconsequential and serving, so to speak, as the Inert matter in a pre- scription. The more significant questions focus on the intensity of the subject's religiosity, his attitudes about sex and his own sexuality and his views about his physical and psychic health and emotions. AN EMERGING PATTERN The rationale of the MMPI, based on much experience and testing, is that people with mental disturbances consistently tend to answer the questions differently from those whose mental state is healthy. The distinc- tion does not come in single answers to single questions, but in general patterns. Thus, in a whole series of questions on religiosity, a psychotic will tend to score differently in toto than a normal person. The stock phrase of the defenders of the test is that the examiners "could not care Sanitized.- Approved For Release : CIA-RDP75-001498000200600051-1: lar question." They are unconcerned with whether the respondent is Jew or Gentile, whether he has frequent headaches or not or professes to like his father better than his mother. It is, rather, the degree of variance In the totality of the responses from those of the "norm"-or the degree of similarity to those who are clearly mental cases-that is supposed to provide the clue. The logical jump inherent In the pro. cedure is, however, formidab:-e. Does it always, or even often, follow, because patients in mental Institutions have, on the average, a different pattern of answers from those people, again on: the average, who are running loose, that the test will usually spot someone who is actually or potentially emotionally unstable? Moreover, despite enormous experience with the MMPI-it was Initiated In 1937- there seems to be meager empirical evidence that the MMPI is really an accurate predic. tor. The charge has been made that the MMPI has never been "validated" in the sense of having been shown to do what it is supposed to do. Although the literature on MMPI is volumi- nous, the evidence for its "vallation" is largely technical in context: it has been "validated" for consistency, so that one tester will get-the same results as another, but not in the more persuasive sense. There seems to be no evidence, for example, that an impressive percentage of those tagged as potentially unstable in, say, 1950, have actu- ally become unstable ten years later. But in the last couple of years, the heaviest. criticism has come on another score: inva- sion of privacy. The barrage was heavy In the 1965 hearings before the Senate Subcom- mittee on Constitutional Rights and in a special inquiry of the House Government. Operations Committee. Prof. Westin's attack was only the most recent In a series. BATTERING RAMS In a sparkling analysis of the anatomy of privacy and the mechanics of its Invasion, Westin discusses in particular the battering ram of "extraction"-the "entry into a per- son's psychological privacy by requiring him to reveal by speech or action those parts of his memory and personality that he regards as private." The devices by which that invasion is ac- complished are polygraphs (lie detectors) and personality tests. "It is one of the basic functions of pri- vacy," Westin argues, "that it protect the individual's need to choose those to whom he will bare the true secrets of his soul and his personality." In this matter, Westin notes, psychologists enjoy intimate trust when they function Be counselors and clinicians but are not ac. cepted when they function as testers for an institutional client. Thus, "when person- ality tests began to be used by the Federal Government for civilian selection in peace- time, all the privacy and liberty Issues in per- sonality testing were raised to the forefront." The trouble, Westin continues, Is com- pounded by the fact that test phychologists have not successfully explained how their questions on sex, political Ideology and reli- gion achieve the results they are said to, but somehow do not depend on the specific answers to specific questions. Part of the In- vasion of privacy, he Implies, Is the unex- plained magic of the test; If respondents knew how one answer here and another an- swer there about a very deeply held private matter would disclose a helpful piece of knowledge, their sense of Invasion might be lessened. Thus a patient may tell his physician some Sanitized - Approved For Release : CIA-RDP75-00149R000200600051-1 February 21, 1967 CONGRESSIONAL RECORD -SENATE S 2359 and his habits without feeling that his pri- vacy is assaulted because he senses how that information can contribute to the doctor's ultimate diagnosis. Westin concludes: 'American society is unequivocally com- mitted to the idea that religious notions are private and that no governmental or quasigovernmental authority (e.g., the cor- poration, the secular private university, etc.) should decide what is 'reasonable' in re- liglous belief. Given this fact, how does the psychologist, say that adding up this and that question about religious belief ('I am a special agent of God,' 'I believe in the second coming of Christ,' etc.) to define personality' disorders is not a judgment on what reli- gious beliefs are 'reasonable' and 'not rea- sonable'?" ALL TESTS CURTAILED The consequence of attacks of that sort has been the virtual elimination of the MMPI from the arsenal of Government test procedures and, in fact, the near elimination of all personality tests as selection devices. Chairman John W. Macy Jr. of the Civil Service Commission has forbidden their use for selection purposes throughout Govern- ment ment agencies where his writ runs and has. ordered their application limited to adjuncts of medical and psychiatric examination. The State Department forbids their use except where a question has first been raised about the mental stability of an employee and where the examination Is under the di- rection of a psychiatrist. The Job Corps claims never to have used the MMPI and to be using other personality [ne Peace Corps also uses the MMPI extensively and in the 1965 hearings swore by its efficiency. There, however, it is not used as a selection screening device but only later as a "de-selection" aid when the Corps- man is in training, and in conjunction with extremely extensive use of other tests and, experience evaluations. LOOKING TO FUTURE The critics argue that the reduction in the Government's use of personality tests is a response to the current attacks And no guar- antee for the future. Hence, they urge the enactment of the Ervin bill. Its basic trouble, however, would seem to be that it throws the baby out with the bath. Its language forbids any interroga- tion_ about matters of sex, religious and familial attitudes, thus barring even psy- chiatric examinations in which those items are highly significant. Surely at some times for some employees-aircraft traffic control- lers, men in command of nuclear weapons systems, CIA agents, for example--a pretty extensive verification of emotional balance is essential. In screening small numbers of candidates, there are doubtless better examination pro- cedures-tough interviews, "game" situa- tions and fine-comb reviews of how the ap- plicant has behaved under stress and ad- versity in the past. But for large. numbers, the temptation is strong to use a produo- tion-line system. The question remains whether any personality test fulfills that function-and how violently it affronts an increasingly recognized personal right. [From the Washington Post, Sept. 22,. 1966] HOMOSEXUAL QUERY ASKED IN STATE DEPARTMENT All male applicants for jobs in the State Department are being asked, "Have you ever engaged in a homosexual act?" A State Department official disclosed this yesterday in the wake of testimony before a House Appropriations subcommittee that 80 employes left the Department' in 1966 as security risks, Some resigned, others were The Senate Constitutional Rights subcom- dismissed. mittee headed by Sen. Sam Ervin, D-N.C., is. In the testimony released over the week- receiving thousands of complaints from fed-, end, Deputy Assistant Secretary G. Marvin eral employes over the financial disclosure Gentile said 28 left "for homosexual rea- requirement. sons" and two for other reasons "such as The employes believe it is an unwarranted excessive drinking, bad debts, and excessive invasion of their privacy and also is irrele- use of leave." ' vant since most of the complaints have ab- None of the persons involved in the Inves- solutely nothing to do with the awarding tigations or dismissals were named, One of government contracts, or other Federal was listed as a Foreign Service Office; of fiscal policy that could possibly pose a conflict Class 2 with a salary of $20,835 a year. Half of interest situation. a dozen others had salaries ranging above, ' The Commerce case is a classic example of $15,000 a year. the government's "big brother" snooping at- William J. Crockett, deputy under secre- titude into the affairs of its employes, al- tary for administration, told the Committee though Ervin says many other complaints the State Department is now putting heavy' ' are about situations just as outrageous, emphasis on "preventive security" which he The Commerce employe was told that he described as asking direct questions of ap-? answered unsatisfactorily a section of the plicants for the Foreign Service and the financial disclosure form asking to list all State Department's Civil Service so that, gifts received. those with adverse characteristics can be What had happened was that the employe, screened out before employment, feeling it was unnecessary to list such gifts as bottle caps from the community welcome [From the Evening Star, Nov. 7, 19661 wagon, answered that section by replying: CRITICISM GREETS CSC PROPOSAL To KEEP "None-except for minor gifts; if listings are DOSSIER ON EVERY EMPLOYEE required, more information as to value limit ' (By Joseph Young) is necessary." A complete dossier on every federal and The Commerce Department apparently was outraged postal employe will soon be maintained in A Commerce he reply. mpersonnel official wrote an the government. official letter of warning to the employe: The program already is stirring up con- ,your evident evasiveness indicates that troversy, with Sen. Sam Ervin, D-N.C., chair- you may have some conflict of interest which man of the Senate Constitutional Rights you are anxious to avoid disclosing. This is Subcommittee, calling it another of the gov- P. very serious matter. ernment's "big brother" moves to pry into "This letter constitutes a formal warning the private lives of its employes. , that you have failed to comply with regula- The Civil Service Commission, which tions. - drafted the plan and is now asking various "If the form is not correctly executed and agencies for suggestions on how to ample- returned by Sept. 20, 1966, I will have no ment it, says the system is needed to give choice but to propose disciplinary action government the necessary information about against you." its manpower strengths and weaknesses. And yet the Civil Service Commission and CSC officials say the data will be used for . top officials of the Johnson administration promotion and training purposes as well as wonder why it is becoming increasingly more manpower requirement planning that fed difficult for government to retain able em- eral managers need to operate their programs ployes as well as recruit the cream-of-the- effectively. crop of college graduates. The data will be computerized in data Special session asked-Kenneth Lyons, banks, which will make it available at a mo- . president of the National Association of Gov- ment's notice to an individual agency or ernment Employes, has asked President throughout the government as a whole, ' Johnson to call Congress into special session The data will Include an employe's age, . immediately to enact another pay raise for sex, race and nationality, his patterns of federal and postal employes this year. sick leave use, education, training, experi. Lyons blasted this year's 2.9 percent pay ence, physical handicaps, awards received, _ raise as totally inadequate, in view of the appeals of adverse actions, etc. r fact that "employes In private industry were Ervin expresses fear that some of this in- realizing 5 percent or more in pay hikes." formation will be used to discriminate Lyons blasted this year's 2.9 now lags from against some employes and favor others. 3 to 45 percent behind private industry sal- CSC officials insist there is no ulterior mo- aries. He said federal employee "are laboring tive in. the computerized data program, that tinder a Depression psychology, the argument it is a large step forward in modernizing the frequently used that federal employee are government's personnel management pro- paid less because they have steady employ- gram. ment." To start with, all employes in grades GS-5 "The government, for too long now has through GS-18 will come under the pro- continued to pay government employes gram (this represents more than 90 percent peasant wages as though they were in bond- of all government employes) and those be- .age," he said. low GS-ii will be included by a 10 percent Of course, Johnson will not call Congress sampling. Into special session to enact another federal pay raise this year. [From the Washington Evening Star, Nov 17, Lyons is aware of this, but his statement 1966] was more, of an opening blast in the cam- FAILURE TO LIST GIFT OF BOTTLE CAPS BRINGS paign to secure an adequate pay raise for WARNING TO U.S. EMPLOYEE federal and postal employes next year. His (By Joseph Young) statement was intended to dramatize the sit- Because aCommerce Depaltment employe uation in which federal workers find them- felt that bottle caps received from a 00111- are askeedd by the e Pr Po in e i t de to set spirals an e and x- runity welcome wagon was too trivial a gift ample for the rest of f the t country o- the country by not . to list on his financial disclosure form he was seeking pay raises that would raise them to threatened with disciplinary action. . the level of industry. The situation is symptomatic of the Alice- The NAGS is emerging as the third major In-Wonderland brand of madness in govern- nonpostal federal employe union, along with ment these days regarding the requirement the American Federation of Government Em- that employes disclose all financial worth, ployes and the National Federation of Fed- dealings, holding and gifts, no matter how eral Employes. trivial, as well as that of the members of While the NAGE still trails far 1.Jehind the their immediate families. ' AFGE which has 288,000 members,. It has Sanitized -Approved For Release : CIA-RDP75-00149R000200600051-1