In short, ample evidence supported the FEAA decision that dismissal was warranted, and therefore judgment will be entered in defendants' favor with respect to Count I of the complaint.
Title VII Claim
Count II of Cordy's complaint alleges that she was fired because of her race. As noted above, Cordy's allegations of racial discrimination were also considered by the FEAA, which concluded that there was insufficient evidence of racial discrimination. With respect to this claim, Cordy is not limited to a review of the FEAA proceedings, but is entitled to a trial De novo on all issues. Chandler v. Roudebush, 425 U.S. 840, 96 S. Ct. 1949, 48 L. Ed. 2d 416 (1976). See also Sperling v. United States, 515 F.2d 465 (3d Cir. 1975), Cert. denied, 426 U.S. 919, 96 S. Ct. 2623, 49 L. Ed. 2d 372 (1976).
Cordy submitted six allegations of racial discrimination to the FEAA: that she was struck in the eye by her supervisor; that she was deliberately being harassed by management; that management deliberately aborted a meeting with the Equal Employment Opportunity Officer in order to cover up its harassment; that management delayed its plans to fire her when it learned she had filed a discrimination complaint; and that a supervisor refused to provide her with information necessary for her to perform her job. Although Cordy's complaint is limited to an allegation that she was dismissed because of racial prejudice, her Memorandum in Opposition to this motion makes clear that she intends to raise these incidents as proof of a pattern of discrimination culminating in her dismissal.
In moving for summary judgment, defendants rely solely upon the record of proceedings before the FEAA; they have submitted no further affidavits or exhibits. In response, plaintiff contends that the administrative record is incomplete in that she was restricted from presenting certain witnesses, and she also "disputes all the facts set forth" by the defendants from the administrative record.
The administrative record, though not conclusive, may be considered in determining whether a genuine issue of fact for trial exists. Sperling, supra, 515 F.2d at 484. However, the record of the FEAA proceedings here does not indicate that no issue of fact exists, but rather, as plaintiff contends, it indicates just the opposite. Plaintiff, testifying under oath, disputed the testimony of defendants' witnesses on numerous material issues, and when pressed on cross-examination, adamantly persisted in her version of the facts. In effect, what the defendants suggest in their motion is that I should accept the FEAA's findings of fact, and ignore or discredit plaintiff's testimony. However, this would plainly require me to resolve factual issues against Cordy, which, on a motion for summary judgment, is improper. If defendants believe that the administrative record effectively disproves plaintiff's charges, they may introduce it as evidence at trial. Sperling, supra, 515 F.2d at 484.
Defendants' Motion for Summary Judgment on Count II of the complaint will be denied.
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