The opinion of the court was delivered by: PARKER
Barrington D. Parker, District Judge:
This case involves claims by Teresa M. Downey under Title VII of the Civil Rights Act of 1964, that because of her sex she was denied promotions, meaningful work assignments and was constructively discharged from her employment with the Federal Deposit Insurance Corporation ("FDIC" or "Corporation"). The plaintiff also claims retaliation for having filed sex discrimination charges against the FDIC.
The Court heard this matter in a bench trial and at the conclusion issued a bench ruling finding that the plaintiff failed to support her charges.
Pursuant to Rule 52, Fed. R. Civ. P., the Court enters the following findings of fact and conclusions of law.
Ms. Downey, a 1974 female college graduate with a major in economics, was hired by the FDIC as a GG-4, step 4 clerk-typist in July 1974.
Ms. Downey did not take the Federal Service Entrance Examination before coming to the FDIC. However, she had the understanding that within 90 days she would be promoted to a GG-5 Research Assistant. On October 27, 1974, she became a GG-5, Research Assistant. In December 1974, she successfully completed the Professional and Administrative Career Examination ("PACE") and as a result, in March 1975, she was promoted to Research Assistant, GG-7. In August 1975, she was promoted to Research Assistant, GG-8. On March 1, 1976, she was promoted to Research Assistant, GG-9.
In June 1976, Ms. Downey was awarded a Master of Science degree in accounting from Georgetown University. One year later she became a licensed Certified Public Accountant ("CPA") in Maryland in May 1977.
Prior to the adoption of the Merit Promotion Plan ("Plan"), effective in September 1978, the FDIC posting policy for position vacancies was fairly routine. Divisions/Offices would request a posting of positions. Postings were then prepared by the FDIC's personnel office and contained information as to how and where to apply; the closing date for receipt of applications; a description of duties (position description attached); a statement that required qualifications were contained in the United States Civil Service Commission Handbook X-118 and were available in the personnel office of review; and information concerning grade level, occupational series, and position title.
Employees applied either by submitting SF-171's or memoranda. All applications/memoranda were forwarded to the interested Division/Office for consideration. The Division/Office made its selection and returned the personnel materials to the FDIC personnel office. That office then determined whether the selectee's qualifications met the requirements for the position.
The personnel office then notified the selecting official of its decision and proceeded with arrangements to effect any appropriate action.
Under the September 1978 Merit Promotion Plan, the FDIC adhered to the following posting policy: Divisions/Offices request posting of positions by the personnel office. The posting includes opening/closing dates; information relating to job title, series and grade; summary of duties and qualifications; selective and quality ranking factors; and where and how to file.
Applicants filed by submitting a SF-171 or memorandum if they had already established a Merit Promotion File. Applications/Merit Promotion Files were reviewed for completeness, i.e., SF-171 and performance evaluation. Qualifications determinations were made by the Staffing Specialists. FDIC applicants found ineligible were notified. If there were less than 5 qualified applicants for the position, all were referred to the selecting official for consideration. If 5 (or more) applicants were found qualified for the vacancy, a panel of three was assembled to rank the applicants.
The selecting official made his determination and returned the roster to the personnel office. That office then took the necessary steps to initiate the action. Stipulation number 22; J. Ex. 39: 1978 Merit Promotion Plan; D. Ex. 21: FDIC Circular 2110.4; D.Ex. 22: Memo from OPM to All FDIC Employees re: Merit ...