Ms. Timus has also claimed that she was discriminated against because of her race and because she had engaged in activities seeking to expand the promotion opportunities of black employees. Ms. Timus has established neither of these claims. This Court has seen no evidence that Ms. Timus' race or her activities played any role whatsoever in the agency's actions concerning her reclassification.
Plaintiff has also claimed that she should have been promoted to a Grade 6 or 7. According to plaintiff, the duties performed by her were the same as those performed by Ms. Griffin, a Grade 7 Secretary. Plaintiff argues that if a desk audit had been done, she would have been promoted. The evidence before this Court shows that plaintiff made no request for a desk audit. Even if a desk audit had been conducted, it is not clear that plaintiff would have been promoted. Moreover, there is no evidence that the agency tailed to promote plaintiff because of her maternity leave or because of any other impermissible factor.
When plaintiff returned from maternity leave, she was returned to her former Grade. This Court does not find that plaintiff was denied a promotion because of any discriminatory factor. Only plaintiff's duties and the classification of her job were affected by her maternity leave. Accordingly, plaintiff should be returned to a GS-318 position with secretarial duties. Plaintiff shall be entitled to priority consideration for any GS-6 or GS-7 Classification Series 318 Secretarial vacancies within the Department of Labor for which she applies. This entitlement shall remain in effect for one year after the date of this Opinion, unless she is earlier selected for a similarly graded position to which she applies. Priority consideration means that if the agency determines that Ms. Timus is not qualified for the position, it must provide plaintiff with a written explanation of the reasons it asserts she is not qualified, and plaintiff shall have the right to seek judicial review of any such determination.
An Order accompanies this Opinion.
EDITOR'S NOTE: The following court-provided text does not appear at this cite in 782 F. Supp. 122.
ORDER - May 15, 1991, Filed
After a full trial on the merits, it is hereby
ORDERED, that judgment is awarded to plaintiff on her sex discrimination claim under Title VII; and it is further
ORDERED, that the Department of labor return plaintiff to a GS-318 position with secretarial duties; and it is further
ORDERED, that the Department of labor give plaintiff priority consideration for any GS-6 or GS-7 318 secretarial position for which she applies, meaning that the agency must supply plaintiff with a written explanation if it fails to select her for a position to which she applies; and it is further
ORDERED, that plaintiff may seek judicial review if the agency has a suitable position in the GS-6 or GS-7 categories and fails to select her for it during the period that this Order is in effect; and it is further
ORDERED, that this priority consideration shall remain in effect for one year from the date of this Order or until such time as plaintiff is selected for a position to which she applies, whichever occurs earlier.
© 1992-2004 VersusLaw Inc.