For example, if one group of applicants was allowed to consult notes, while another group was precluded from doing so, the regulation would quite clearly afford a remedy. Obviously, in this instance, the oral examination would not have been administered fairly. Another example would be when the test was prepared in a manner that would give a certain group a distinct advantage on the test that was unrelated to their ability to perform the duties of the position for which they were being tested. For instance, if the test was given in Spanish to favor certain individuals, even though Spanish language skills were not needed to perform the job for which the test was administered, this test clearly would not have been prepared fairly. On the other hand, if the job required a level of proficiency in Spanish, it would be improper to say that the test unfairly favored those brought up in Spanish-speaking households simply because they have more experience speaking Spanish.
Different people bring variable skills and experience into the workforce.
Civil service examinations should be designed to fairly assess the applicants' varying skills and experiences appropriate for the prospective position.