The opinion of the court was delivered by: GASCH
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 446 F. Supp.]
This matter having come on for a trial de novo and, upon consideration of all of the evidence, the Court having found that judgment should be entered as provided by the Court's Memorandum issued this day which briefly sets forth the Court's findings of fact and conclusions of law, it is by the Court this 28th day of July, 1977,
ORDERED that Judgment be, and hereby is, entered in favor of the defendant in connection with plaintiff's promotion claim; and it is further
ORDERED that Judgment be, and hereby is, entered in favor of plaintiff in connection with his retaliation claim; and it is further
ORDERED that defendant and its officers and agents shall, as specified in the Court's Memorandum, immediately reassign plaintiff to a counseling position such as he held prior to his transfer to his present position in 1976, allow him to resume his former duties without loss of grade, and desist from further retaliation or harassment of plaintiff in any way; and it is further
ORDERED that plaintiff's request for compensatory damages be, and hereby is denied; and it is further
ORDERED that, as specified in the Court's Memorandum, plaintiff's request for punitive damages, as well as his entitlement to any additional relief not expressly herein provided, shall be held in abeyance by the Court pending the defendant's prompt compliance with this Order.
This is an action under Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. §§ 2000e, et seq. Plaintiff Joseph F. Dual, Sr., is a black male, fifty-nine years of age, who is employed by the defendant General Services Administration ("GSA") in Region 3 of its Public Buildings Service ("PBS"), as a Buildings Management Specialist. His complaint of racial discrimination charges the defendant agency with wrongfully denying him a promotion to the position of Supervisory Labor Management Relations Specialist in 1975 and with undertaking certain extreme measures of discriminatory retaliation against him after he subsequently filed an employment discrimination complaint in connection with that promotion denial. Upon the Court's full consideration of the evidence adduced at trial, and for the reasons briefly set forth below, the Court finds that plaintiff has failed to prove that his non-selection for the supervisory position in question was discriminatory, but that he has amply proven discriminatory retaliation by the agency and is therefore entitled to full relief appropriate to that latter claim.
The evidence presented in this case is clear and for the most part undisputed. Plaintiff has been employed by GSA since 1962,
when he was hired as a carpenter. In 1969, he accepted an opportunity offered by PBS's Chief of Buildings Operation to enter a position in which he would render personal and vocational counseling services to GSA employees.
From 1969 through 1975, under the position title of "Buildings Management Specialist,"
plaintiff performed in this field with a measure of diligence and ability which, according to every available indication, was nothing short of exemplary. During the course of that period he received three promotions, advancing from the GS-7 level to that of GS-12. He also received numerous awards and commendations in recognition of his excellent service, including three special achievement cash awards and six perfect attendance awards covering the years 1967-1973.
Moreover, plaintiff's performance ratings during those years reveal that his work was repeatedly evaluated as "exceptional," "outstanding," and "superior" by his supervisors.
In 1972, plaintiff's duties were further expanded as part of efforts initiated by GSA to make formal equal employment opportunity counseling available to its employees. A memorandum distributed throughout the Public Buildings Service at that time announced GSA's new Equal Employment Opportunity Program and declared as follows: "Mr. Joseph Dual is our Equal Employment Opportunity Counselor for PBS and is available for personal consultation regarding EEO, or any personal and financial problems you may be encountering."
Thereafter, plaintiff devoted a substantial portion of his time to EEO counseling, often meeting with GSA employees on his own time when the workload so demanded.
The events giving rise to this action originated in 1974, with the first of three recent structural reorganizations of the Public Buildings Service. At that time, a Management Operations division was established within PBS, containing five newly-created staff elements.
Under this new structure, the counseling functions performed by plaintiff and his co-workers were placed in a staff element known as "Unions and EEO Administration." One of plaintiff's co-workers, one Jerry Kaplan, was selected to be ...