UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA
July 29, 1980
Kenneth W. DAVIS, Plaintiff,
William F. BOLGER, Defendant
The opinion of the court was delivered by: GREENE
OPINION AND ORDER
This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.. Three issues are before the Court: (1) whether the evidence sustained allegations of discrimination on account of race, sex, and age because of the failure of the United States Postal Service to promote plaintiff; (2) whether plaintiff's supervisors committed acts of reprisal against him because he filed an equal employment opportunity complaint; and (3) whether plaintiff and his witnesses are entitled to administrative leave for the time of their attendance at the trial. The first two issues involve relatively routine applications of the facts to established law; the third raises a more novel question.
Plaintiff is a black male over 40 years of age. He has been employed by the United States Post Office Department and its successor, the U.S. Postal Service, since October, 1966, and he has worked in the position of bulk mail technician at the Washington Bulk Mail Center since July 1975. In late 1976 through 1977, a reorganization of the management structure at the Center led to vacancies in a number of initial-level supervisory positions in the Mail Processing Division.
Along with thirty-two other candidates, plaintiff applied for placement on a list for consideration for a permanent supervisory position in the Mail Processing Division.
The Manager of the Bulk Mail Center appointed a five-member advisory panel to rate the applicants.
The panel submitted to the Manager a supervisory register of fifteen candidates,
plaintiff's name not being among them.
In September, 1977, when six supervisory positions became available, a second advisory panel, also appointed by the Manager, recommended six persons as best qualified for the positions,
and all of these persons were awarded the available promotions.
Black White Female Male Over 40 Under 40
25 (76%) 8 (24%) 13 (39%) 20 (61%) 8 (24%) 25 (76%)
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