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TIMUS v. SECRETARY OF LABOR

May 15, 1991

CARRIE J. TIMUS, Plaintiff,
v.
SECRETARY OF LABOR, Defendant


Stanley Sporkin, United States District Judge.


The opinion of the court was delivered by: SPORKIN

Plaintiff Carrie Timus, an employee of the Department of Labor, brought this Title VII action claiming that she was downgraded and not reassigned to her former secretarial position after a one-year maternity leave. Plaintiff alleges sex and racial discrimination as well as retaliation. After a full trial on the merits, this Court finds that while there is no evidence of retaliation or race discrimination, Ms. Timus was treated disparately upon her return from maternity leave. Accordingly, judgment will be granted in favor of plaintiff.

 Findings of Fact:

 1. Plaintiff Carrie Timus became a Grade 5, GS-318 Secretary in the Office of the Assistant Secretary for Veterans Employment and Training Services (OASVETS) in the Department of for in 1982.

 2. Plaintiff worked as a secretary for Robert Granakis, the Coordinator of Field Operations, who was a GM-15 employee.

 3. Mr. Granakis gave Ms. Timus above-average performance reviews for her work.

 4. Plaintiff's work as a Grade 5, GS-318 secretary for Mr. Granakis included typing, mailings, establishing filing systems, composing and typing non-technical correspondence, maintaining Mr. Granakis' calendar and arranging his travel schedule, and preparing reports.

 5. In May 1984, pursuant to a reorganization of the OASVETS that did not become final until 1986, Mr. Granakis became the Director of Field Operations. He remained a GM-15, although his new position carried more responsibilities than his former one. Plaintiff transferred with him as his secretary.

 6. No new position description or other personnel documents were created to reflect any change in Ms. Timus' position. Plaintiff was not advised that her position was to be abolished or that she was to be reassigned due to the reorganization.

 7. Ms. Timus continued to work for Mr. Granakis in his new position for four months, until she began her one-year maternity leave on August 13, 1984. Shortly before she left on maternity leave, plaintiff was asked to train her replacement, Ms. Rebecca Griffin, a GS-7 secretary, who was laterally transferred to take the plaintiff's position.

 8. Mr. Granakis sent a memorandum to plaintiff while she was on maternity leave. The memorandum stated that plaintiff would be assigned new elements and standards, which were identical to those assigned a GS-3 clerk-typist in the office and contemplated less responsibility and authority than plaintiff had before leaving on maternity leave.

 9. Before plaintiff returned from maternity leave, Mr. Granakis retired. Rebecca Griffin, a GS-7 Secretary, continued to work for his replacement, Mr. Jeffrey Crandall.

 9. Plaintiff returned from maternity leave on September 3, 1985. Although her grade and pay were not changed, she was not reassigned to her former position or to one with equivalent duties. Instead, plaintiff was assigned to work in the mail room, and was told that she would be reassigned with the position title "Management Services Assistant-typing." This position was never formally approved and was later dropped.

 10. Instead, Ms. Timus was assigned to answer phones, type form letters, and mail correspondence. There was frequently nothing at all for her to do. In July, 1986, plaintiff was formally reclassified as "Veteran's Employment Program Clerk," GS-303-5. This classification was ...


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