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KOWALYSZYN DE MEDINA v. REINHARDT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 27, 1978

LUBA S. KOWALYSZYN DE MEDINA, Plaintiff,
v.
JOHN E. REINHARDT, Defendant

The opinion of the court was delivered by: RICHEY

MEMORANDUM OPINION

 UNITED STATES DISTRICT JUDGE CHARLES R. RICHEY

 Plaintiff in this case alleges that she was denied employment at the United States Information Agency (USIA) on account of her sex and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. ยง 2000e-16. She also alleges that she was denied employment in violation of Title VII in retaliation for her husband's anti-discrimination activities on behalf of minority group members at the USIA. Plaintiff seeks a declaratory judgment, back pay and retroactive promotion, and injunctive relief. This case is now before the Court on defendant's motion to dismiss or, in the alternative, for summary judgment. For the reasons hereinafter stated, the Court will grant defendant's motion to dismiss with respect to all plaintiff's claims of employment discrimination except her claim arising out of her application for employment in April 1976, and, with respect to this remaining claim, the Court will deny defendant's motion for summary judgment.

 I. BACKGROUND

 Between March 1971 and January 1974, plaintiff was an employee of the USIA in the Ukrainian Service of the USSR Division and then in the Latin American Division of the Voice of America (VOA). On January 4, 1974, plaintiff resigned her position for health reasons.

 In the summer of 1975, plaintiff reapplied for a position in the News Division of VOA, but was denied employment. According to defendant, plaintiff was not given a position because of her unsatisfactory performance on a writing test reviewed by several editors in the Division. Plaintiff did not at that time file any complaint of discrimination. Later, in April 1976, plaintiff again sought a position in the News Division. Her request to retake the writing test, however, was denied on or about April 29, 1976. Thereafter, on May 10, 1976, plaintiff filed an informal charge of discrimination, which was followed on June 22, 1976, by a formal complaint to the agency.

 The Equal Employment Opportunity (EEO) Office of the USIA then commenced an investigation of plaintiff's administrative complaint. This investigation was concluded on December 13, 1976, and the USIA, on February 4, 1977, issued its final decision, which found no sex or national origin discrimination and no retaliation for her husband's activities on behalf of minority groups. Plaintiff then filed this suit on March 3, 1977. In the amended complaint herein, which was filed on July 7, 1977, plaintiff alleges that she applied for and was denied a number of positions with various divisions of the USIA. These applications were allegedly made both before and after the April 29, 1976, incident with the News Division of the VOA, which was the alleged discriminatory act immediately preceding the filing of the administrative complaint that culminated in the filing of this suit. In chronological order, the following are the other positions for which plaintiff allegedly applied:1 1. August 1974 Ukrainian Service, USSR Division 2. "Summer" 1974 Foreign Information Division, USIA Office of Research 3. October 1974 Ukrainian Service, USSR Division 4. "Sometime" 1975 Foreign Information Division, USIA Office of Research 5. "Summer" 1975 Production Branch, Africa Division 6. "Late" 1975 or "Early" 1976 Ukrainian Service, USSR Division 7. August 1976 USSR Division 8. August 1976 Production Branch, Latin American Division 9. August 1976 Production Branch, Latin American Division (contract work) 10. March 1977 Classified Document Section, USIA Library 11. May 1977 Ukrainian Service, USSR Division 12. May 1977 USIA Library 13. June 1977 Near East Division

19780127

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