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COPELAND v. MARTINEZ

August 23, 1977

BARBARA N. COPELAND, Plaintiff,
v.
SAMUEL R. MARTINEZ, Defendant



The opinion of the court was delivered by: PRATT

 PRATT, District Judge

 This matter came on for trial before this Court on June 27, 1977. Having considered all the evidence, both testimonial and documentary, the Court enters the following Findings of Fact and Conclusions of Law.

 Findings of Fact

 1. Plaintiff is a black female citizen of the United States who resides in the District of Columbia.

 2. Defendant is the Director and chief executive officer of the Community Services Administration (CSA), an agency of the Federal Government.

 3. Plaintiff is employed as a GS-11 Program Specialist in the Office of Human Rights (OHR) of the CSA.

 4. Plaintiff is not a college graduate and holds no degree from an institution of higher education, although she has a number of college credits.

 5. OHR is the CSA component which deals with Equal Employment Opportunity (EEO) programs, both within and outside the CSA.

 6. From April 1, 1975, through the end of calendar year 1976, Carlos Ruiz was Associate Director for Human Rights of the CSA. In that capacity, Mr. Ruiz administered OHR and served as plaintiff's supervisor.

 7. Plaintiff began her term of federal employment as a GS-5 Clerk Typist in February 1969 with the Office of Equal Opportunity, the predecessor agency of CSA. In February 1970, plaintiff was promoted to Secretary Typist GS-6. Plaintiff was promoted to Administrative Assistant GS-7 in April 1971. In January 1975, plaintiff was retroactively promoted to Program Assistant GS-9 effective July 1973 and to Program Specialist GS-11 effective July 1974, the position she now holds.

 8. Plaintiff's last two grade promotions resulted from her filing a grievance and complaint not involving race or sex discrimination.

 9. Plaintiff filed no less than nine grievances and EEO complaints against Carlos Ruiz when he was her supervisor.

 10. Throughout her employment with the Federal Government, plaintiff has filed numerous grievances and EEO complaints in addition to the one presently before this Court.

 11. Plaintiff has consistently used grievances, threats of filing grievances, EEO complaints, threats of EEO complaints, and the EEO process in general to harass her supervisors and to improperly further her career and enhance her office status.

 12. During the entire period relevant to this case, blacks comprised 80 percent of the OHR staff and females outnumbered ...


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