suffice to fall within the strictures of the Act. The Court on all the credible evidence finds both of these propositions more likely so than not so, and thus plaintiff has met her burden by a preponderance of the evidence. The proof supports findings to this effect and requires judgment for plaintiff.
Plaintiff seeks to be appointed Ohio Director. This will be denied. Johnson had superior qualifications, and in all probability would have prevailed if the selection had been made on an impartial merit promotion basis.
Plaintiff seeks back pay. She has received pay at GS-13 level for the period she was Acting Director. There is no basis for concluding that she would have succeeded in obtaining a merit promotion to the directorship in Wisconsin or Michigan if she had applied. Back pay is not warranted.
The equities of the situation do, however, require that she receive some relief for the sex discrimination which she suffered. The Court will direct that her name be presented for consideration as a State Director for the next three vacancies as they occur, or until she is appointed to such a position or a position acceptable to plaintiff at the level of GS-13 or above. If the position is to be filled by a merit staffing promotion she shall be listed among the top three candidates. Further, the Court directs that she be interviewed by a panel which includes at least one woman, and her qualifications appraised without reference to any adverse comments concerning her qualifications emanating directly or indirectly from Kuropas. An injunction against further reprisal for pressing equal employment claims shall be entered, and she shall be awarded her costs and attorneys' fees for this action. Since Kuropas has left the Agency, no further relief is required. A form of Order effectuating this relief is filed herewith.
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 424 F. Supp.]
In accordance with the Memorandum Opinion filed this day, it is hereby
(1) That plaintiff, Rita M. Skelton, shall be considered for promotion to State Director of the ACTION Agency for each of the next three vacancies as they occur, unless she is appointed to such a position, or accepts a position at GS-13, or above.
(2) That plaintiff's qualifications are to be appraised without reference to any adverse comments about her emanating, directly or indirectly, from Myron B. Kuropas.
(3) That if the State Director vacancies offered her under (1), above, are to be filled by merit staffing, plaintiff shall be listed among the top three candidates, and is to be interviewed by a panel including at least one woman.
(4) That defendant be enjoined from further reprisal and harassment against plaintiff for pressing equal employment claims.
(5) That costs and reasonable attorneys' fees shall be awarded after plaintiff files supporting affidavits, which shall be filed by December 17, 1976.
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