Discrimination More Subtle Now, Judge Told : State Department Accused of Sex Bias

The State Department now practices a more subtle form of discrimination against women Foreign Service officers than it did a few years ago, when it was known as a “men’s club,” a federal judge was told Monday.

Bruce J. Terris, representing a group of women officers, told U.S. District Judge John Lewis Smith Jr., at the start of what is expected to be a monthlong trial, that the State Department’s personnel system provides tremendous opportunity for sex discrimination.

“The State Department was traditionally a men’s club,” Terris said, composed “largely of men from upper levels of Northeastern society who graduated from Ivy League schools. The club certainly did not include many women.”

‘Used to Be Blatant’

Before women filed a sex discrimination lawsuit nine years ago, Terris said, there were few female Foreign Service officers, almost no women at high levels, and women were not considered appropriate candidates for positions at dozens of posts.

“As a result, sex discrimination used to be blatant in the State Department,” Terris said.

“Discrimination is rarely now openly practiced in the State Department, any more than in most other areas of American society. However, subtler forms of discrimination have continued long after 1976,” he said.

Terris said that the State Department had admitted much of the discrimination in its own studies. But he said that he doubted the agency will admit to any violation of the law.

“While changes have been made, undoubtedly under the pressure of Title VII (of the Civil Rights Act of 1964), generally, and this lawsuit, in particular, significant discrimination has continued,” Terris said.

Discrimination Denied

But Stuart H. Newberger, an assistant U.S. attorney representing the government, denied that the State Department discriminates against women Foreign Service officers.

Newberger said that Terris noted “the old boy network” and “the men’s club,” which he termed traditional ways of referring to the State Department.

“Up to 1960, that may have been true, but the Foreign Service has gone through tremendous change, as has society itself,” he said. “In the 1970s, more and more women have moved up through the service, as the State Department had planned. The Foreign Service, like society, has changed over the last 10 or 11 years.”

They commented in opening arguments in the case that Smith is hearing without a jury.

Terris said that the State Department has discriminated against women in areas including specialization, job assignments, promotions, performance evaluations and awards.

He said that women are disproportionately assigned to consular work--such as issuing visas and helping U.S. travelers abroad--rather than political, economic and administrative areas of specialization.