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MEYERS v. GSA

June 22, 1984

KIM W. MEYERS
v.
GENERAL SERVICES ADMINISTRATION, KIM W. MEYERS v. GENERAL SERVICES ADMINISTRATION



The opinion of the court was delivered by: GILES

 GILES, J.

 Mrs. Kim W. Meyers, pro se, instituted suit against the General Services Administration (GSA) in two civil actions alleging that various acts of discrimination ultimately led to her removal from employment. The actions were brought pursuant to Title VII of the Civil Rights Act of 1972, 42 U.S.C. § 2000e et seq.

 FINDINGS OF FACT

 1. Plaintiff is a twenty-seven year old black female who was hired as a custodial laborer by the GSA on July 5, 1978. She was initially given a Veterans Readjustment Appointment having completed three years active duty with the United States Army from October 1974 to October 1977.

 2. Plaintiff developed a service-connected disability known as Raynauds Disease. It is an abnormal compromise of the circulatory system.

 3. GSA was not informed by the Army, the Veterans' Administration or plaintiff of the nature of the disability or of any physical limitations upon work assignment associated with the disease.

 4. Plaintiff's job performance as custodial laborer was satisfactory.

 5. On August 14, 1980 and pursuant to its upward Mobility Program, GSA advertised two electronics technician positions in the Office of Real Property, Federal Protective Service, System Section which could be filled at the GS-6, 7 or 8 level. Applicants without specialized experience could qualify through the provisions of the Training and Advancement Development Agreement (TADA) which is part of the agency's Upward Mobility Development System.

 6. Plaintiff applied for one of these positions and, on October 5, 1980, was promoted to the trainee position of Electronics Technician, GS-6 in the Security Systems Section of the Federal Protective Service. Plaintiff did not have the requisite specialized experience to enter the program at the GS-7 level.

 7. Consequently, on or about December 31, 1980 plaintiff and the agency entered into a training and advancement developmental agreement. Under TADA plaintiff would receive on-the-job training and formal instruction for a period of eighteen months. Upon successful completion of the prescribed training program, plaintiff would be eligible for promotion to the GS-7 level. If the training program was not successfully completed, GSA had the option of returning plaintiff to her former custodial job or the nearest equivalent vacancy for which she was qualified.

 8. The parties subsequently entered into a revised TADA on or about February 25, 1981.

 9. Plaintiff's first several months in training were uneventful. Her first evaluation was satisfactory. Her immediate supervisor was Walter Wesley, chief of the security systems section of the Federal Protective Service. Wesley is black. He subsequently left the GSA for a more advantageous position with another federal agency.

 10. Plaintiff contends that when Wesley was there she was fairly treated but that soon after he left she was discriminated against by his successors to the position of section chief, who are white. The alleged discrimination is characterized as race, sex and handicap discrimination.

 11. Since plaintiff was the only female staff employee in the section, she contends that there must have been a prior purposeful exclusion of women from employment by Federal Protective Service and, with her, there was a determined effort to cause her to fail to complete the training program and, hence, to be demoted from the security systems section.

 12. Plaintiff claims that she was the only black staff employee in the system section. This is not entirely accurate inasmuch as the former chief of the section, Wesley, is black. After Wesley left, she was the only black staff member in the systems section. However, she was not the only black staff member in the Federal Protective Service. The systems section was a comparatively new and very small part of Federal Protective Services. The system is too small a unit upon which to base inferences of race or sex discrimination from raw statistical data. Moreover, it appears from the record evidence that Federal Protective Services, during plaintiff's ...


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