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LOFTON v. ROSKENS

May 30, 1990

EARLENE LOFTON (BURT), Plaintiff,
v.
RONALD W. ROSKENS, Administrator U.S. Agency for International Development, Defendant


George H. Revercomb, United States District Judge.


The opinion of the court was delivered by: REVERCOMB

GEORGE H. REVERCOMB, UNITED STATES DISTRICT JUDGE

 This action is brought by Ms. Earlene Lofton (Burt), a secretary employed by the Agency for International Development ("AID" or "Agency"), pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff claims that during the years 1974-1978, she was discriminated against on the basis of race *fn1" with respect to AID's failure to provide her with on-the-job training necessary for her advancement into a Budget Analyst or career ladder position. Plaintiff also contends that the Agency reassigned her to another division within the Agency in retaliation for her "whistleblowing" activities. After consideration of all the evidence presented at trial and of the oral arguments of counsel, the Court finds that plaintiff was not the victim of discrimination or retaliation.

 I. Findings of Fact

 The Court makes the following Findings of Fact, most of which were stipulated to by the parties: *fn2"

 1. The plaintiff, Earlene Lofton, began her employment with the defendant Agency in 1968 as a GS-3 clerk-typist in the Financial Review Division of the Office of Financial Management. In 1969, plaintiff applied for and was promoted to a clerk-typist, GS-4. In November 1970, plaintiff applied for and was promoted to secretary (stenographer) in the Funds Control Division of the Office of Financial Management.

 2. In 1972, a major reorganization occurred which changed the organizational structure of the Office of Financial Management. This reorganization changed the traditional pyramid organizational structure to a donut type organization structure. This resulted in the positions of the four major division secretary positions being downgraded from GS-7 to GS-6. During the period April 1973 to January 1975, there were personnel reductions and downgradings. There was a total freeze on hiring. During this period there was a 20% reduction in the number of employees in the Office of Financial Management. Ultimately in 1975 there was a Reduction in Force (RIF). A Civil Service Commission classification survey resulted in severe downgrading.

 3. In April 1972, plaintiff applied for a GS-6 secretarial position in the Funds Control Division as secretary to Ms. Jean McColl, an alleged discriminating official. She was hired by Ms. McColl and was the only secretary in the division. The position was not a career ladder position.

 4. In May 1974 plaintiff approached Jean McColl regarding a promotion to a GS-7. Ms. McColl refused and indicated that the position was only a GS-5. Ms. McColl also refused to authorize formal training in the Budget Analyst series and declined to reactivate a GS-7 Budget Analyst trainee position for plaintiff.

 5. Shortly after Ms. McColl denied plaintiff's request, plaintiff went to Mr. Claude Alsop, Executive for Office of Financial Management and an alleged discriminating official, and Mr. Sidney Brown, Controller, concerning Ms. McColl's behavior. Plaintiff complained about Ms. McColl's suspected drinking problem, that Ms. McColl was communicative and easier to get along with before lunch, but seemed intoxicated after lunch, becoming rude and discourteous. Plaintiff made no accusations whatsoever about any discriminatory behavior. After Ms. Lofton complained to management, the conflict between plaintiff and Ms. McColl increased.

 6. In January 1975, plaintiff was transferred temporarily to the position of secretary GS-6 Regional Services Division of the Office of Financial Management under the supervision of Wayne McKeel. Unfortunately, neither Ms. Lofton nor Mr. McKeel were happy with the new assignment and Ms. Lofton soon returned (at her own request) to her position in the Funds Control Division. She remained in there until 1978.

 7. In April 1976, plaintiff filed a Complaint of Discrimination based on sex and race, claiming that she was discriminated against with respect to AID's failure to promote her and provide her with on-the-job training.

 8. In 1978, William Maulk, a new Deputy Controller, reorganized certain functions in the Financial Management Office and rearranged the clerical staff. (Mr. Maulk was not aware of plaintiff's EEO complaint at the time). As a result, in February 1978, plaintiff was transferred to the Support Planning Division as the GS-6 Division secretary to Mr. Bourguein, Division Director. Plaintiff's position in the Funds Control Division was abolished and re-established as a GS-4 clerk-typist (part-time) position. Later, in June 1978 plaintiff became the secretary to Mr. Maulk, Deputy Controller.

 9. Plaintiff contends that she was a victim of race discrimination when Ms. McColl denied her request for on-the-job Budget Analyst training in 1974 and refused to provide ...


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