FINDINGS OF FACT AND CONCLUSIONS OF LAW
Aubrey E. Robinson, Jr., Chief Judge
FINDINGS OF FACT
1. Plaintiff, Manohar Singh, Ph.D., is an employee of the United States General Accounting Office (GAO). He occupies a position as an Evaluator, series 347, GS-14, step 7, in the Resources, Community and Economic Development Division (RCED). RCED was formerly known as CEDD: hereinafter it will be referred to as RCED/CEDD.
2. The race of Plaintiff is Indo-Aryan; his national origin is Burmese; his color is brown and his religion is Sikh.
3. In this action, brought under Title VII of the 1964 Civil Rights Act as amended, 42 U.S.C. § 2000e et seq., Plaintiff alleges that his repeated failure to be promoted to a GS-15 position, once in 1978, three times in 1979 and twice in 1980, has been the result of racial and religious discrimination and retaliation as manifested in decisions relating to awards, travel, performance appraisals, harassment for charitable contributions and the handling of his administrative complaint.
4. Plaintiff was originally hired by GAO in 1976 pursuant to the settlement of an administrative complaint. Filed on July 9, 1975, the administrative complaint arose out of an interview for a GS-15 position with GAO in which Mr. Richard Gutmann commented upon the fact that Plaintiff was wearing a turban. Additionally, Mr. Gutmann incorrectly informed Plaintiff that if, in fact, he left his previous agency to join GAO he would be required to serve a second probationary period within the federal government.
5. The complaint was investigated and the settlement arranged by the Director of GAO's Civil Rights Office, Mr. Alexander Silva. Mr. Silva had no professional or personal contact with the Plaintiff following the settlement of the administrative complaint in 1976 until 1980 when Dr. Singh filed a second administrative complaint with the Civil Rights Office.
6. Dr. Singh first joined GAO as a Supervisory General Engineer, job series 801, GS-14, step 3, in the Science and Technology Subdivision of the Procurement and Systems Acquisition Division (PSAD). PSAD was later redesignated Mission Analysis and Systems Acquisition Division and will be referred to hereinafter as PSAD/MASAD.
7. On April 9, 1978, Dr. Singh was transferred from the Science and Technology Subdivision of PSAD/MASAD to the Systems and Analysis Staff of the Director of PSAD/MASAD to serve as a Supervisory General Engineer, series 801. The Systems and Analysis Staff is responsible for providing technical advice and expertise to aid generalists from various GAO areas in their performance of specific projects.
8. On July 26, 1981, at his request, Plaintiff was transferred from PSAD/MASAD altogether into RCED/CEDD. He was assigned to and has remained in his present position as an Evaluator, GS-14, step 7.
9. Plaintiff's immediate supervisor from July 26, 1976 until November 19, 1977 was Chester Daniels. Joe Johnson followed Mr. Daniels as Plaintiff's immediate supervisor from November 1977 until April 9, 1978. Plaintiff's second level supervisor during this period was Donald Day, Senior Assistant Director of the Science and Technology Subdivision. Plaintiff's immediate supervisor from April 1978 until his transfer from PSAD/MASAD in July 1981 was Dr. John Barmby.
10. When Dr. Singh began employment with GAO in 1976, the Director of PSAD/MASAD was Richard Gutmann. In June 1978 Jerome Stolarow took over the position as Director. Mr. Stolarow was replaced by Walton Sheley in June 1980. Mr. Sheley was Director of PSAD/MASAD from June 1980 until April 1983.
11. Between 1978 and 1980, Plaintiff submitted complete applications for five (5) GS-15 positions within GAO. The GS-15 positions were all titled Supervisory Management Analyst, series 343. These five positions were described in the following Job Opportunity Announcements (JOA) and submitted on the dates indicated:
JOA DATE SUBMITTED
78-329 January 3, 1978
79-1006 August 20, 1979
80-1082 December 21, 1979
80-1160 February 28, 1980
80-1190 March 28, 1980
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