to such an extent that the Personnel Office believed that her position would be appropriate for an upgrade. The Personnel Office, in seeking to comply with all regulations, notified her supervisor that the upgrade would require competing the position. All evidence points to the fact that the redrafting of the position description, the rating form, and the decision not to convene a rating panel given the small number of applicants were handled properly within personnel regulations.
Mr. Peterson, the plaintiff's own expert, testified that he reviewed the selection for the IRMD Position and had found nothing improper about it. In his opinion, the quality ranking factors and the rating were accurately and validly described, and the criteria were related to the duties of the IRMD Director.
Mr. Vasquez, as the selecting official, properly interviewed all 12 applicants. Ms. Barnes received the highest score, along with another applicant from outside the agency. Mr. Faherty received the 8th highest score.
The Court finds that there is no basis for Mr. Faherty's claim that he was denied the IRMD position as a result of age discrimination, sex discrimination or based on reprisal for his pursuit of his ADEA claim.
D. Pattern and Practice of Discrimination
Mr. Faherty produced little evidence in support of his claims of a pattern and practice of discrimination at PBGC. No statistical expert was called, nor did he offer any other statistical evidence to support his claim. Instead, he put on a series of four witnesses, who gave anecdotal testimony on ways in which they felt they had been mistreated by Dr. Utgoff during their tenure at PBGC. The intended implication was that the perceived mistreatment by Dr. Utgoff was based on age discrimination. The Court does not credit any of the allegations of age discrimination of the plaintiff, nor of any of the four witnesses, Roderick O'Neill, Richard Conroy, Jeannette Dyson, and Jesse Paredes. None of these witnesses ever filed a timely EEO complaint alleging that he or she had been the victim of discrimination. Further, the defendant persuasively demonstrated that just as Dr. Utgoff had asked for the resignations of several employees over the age of 40, she had terminated employees who were under the age of 40 who were not satisfactory.
The Court notes that the evidence shows that one of the most highly praised employees at PBGC was Mr. Faherty's supervisor, Mr. DeHarde -- a male over the age of 40, and older than Mr. Faherty.
In sum, the facts as presented to the Court paint a picture of an organization going through the painful process of a reorganization. A new director was on board who made decisions that changed the way in which the agency operated. Her decisions were met with some resistance. Perhaps she did not handle the transition with as much attention to the concerns of career employees as might have been hoped, as is the case with many political appointees. However, there is no indication that age, gender, or retaliation played any part in any of the challenged decisions or actions in this case. The ADEA and Title VII simply are not vehicles for righting all employment disagreements. Throughout this case, Mr. Faherty was unable to connect any of the personnel decisions to age, gender or retaliation.
For the foregoing reasons, the Court shall grant judgment to the defendant. An order in accordance with this memorandum opinion is issued herewith.
ORDER - September 27, 1990, Filed
In accordance with the memorandum opinion issued herewith, and for the reasons stated therein, it is this 26th day of September, 1990,
ORDERED that judgment shall be entered for the defendant.