to submit a weekly report, "AFDC Federal Case Review Status Report," to notify her supervisor of the work she had performed each week.
In the work report for the week ending February 15, 1980, plaintiff stated that six new cases were assigned to her and that she had reviewed but was awaiting outstanding correspondence in all six cases (A.R. 95). These six cases comprised plaintiff's entire work product for the week. Id. However, "Field Reviewer's Finding Sheets," in the actual files (A.R. 99-128, 129-135, 137-184, 185-215, 216-244, 245-284, 285-317),
showed that the Federal Monitor's Guide requires all contacts made in the course of a review to be documented (A.R. 318), showed no work done in any of the cases (A.R. 99-102, 124-127, 185-188, 216-219, 245-246, 285-288, 639-642). Indeed, all of the field reviewer's sheets are blank. Id.
In May, June and July, 1979, Mr. Brown had repeatedly asked plaintiff to report all work undertaken and any outstanding contacts on the field reviewer's sheets (A.R. 326, 453, 513-521). Upon plaintiff's continued failure to do so, Mr. Brown advised plaintiff that the weekly report submitted by her stating there was outstanding correspondence in her cases when, in fact, a review of the actual files revealed no activity on the field reviewer's sheets, was a distortion of the work plaintiff had performed that week (A.R. 511-512). Plaintiff was reprimanded in December, 1979 for this conduct (A.R. 499-598) but, nonetheless, continued to report that her cases were pending until the arrival of outstanding material when the actual case files did not reveal any material outstanding (A.R. 320, 445-446). As late as February, 1980, plaintiff continued to submit weekly reports showing work performed which was not, in fact, documented in the actual case files.
C. The third reason for the proposed removal was plaintiff's failure to meet agency productivity standards and failure to perform work assigned to her. In March, 1979, a reminder of the weekly production goal for staff members employed in plaintiff's position was sent to the staff (A.R. 328). This was a national goal and consisted of three desk reviews per day or 15 cases per 40 hour work week. Id. The Monitor's Control Logs for the period July 2, 1979 to February 1, 1980 (dates are shown under the column "Date Records Requested") (A.R. 331-443, 837-949) show that, with the exception of two weeks, plaintiff reviewed no more than one-fourth of the cases available to her each week for review (A.R. 25, 331-443). Moreover, a tally extrapolated from the logs shows that plaintiff was assigned the lowest number of new cases of any member of the staff during that period (A.R. 444), despite the fact that Mr. Brown had reassigned 21 of plaintiff's cases to other staff members (A.R. 26, 445-446). Plaintiff's performance was thus clearly substandard for the period in question.
D. The fourth reason for the proposed removal was plaintiff's past disciplinary record, which included five disciplinary actions between May, 1979 and January, 1980. All of these actions were taken after affording plaintiff all of the rights to which she was entitled.
After receipt of plaintiff's response to the proposal to remove (A.R. 611-640), a decision to remove dated August 1, 1980 (A.R. 641-649) was issued; it became effective on August 8, 1980 (A.R. 679).
Prior to trial, the parties agreed that there were only two triable issues:
1. Whether plaintiff's removal from federal employment was the result of prohibited discrimination by agency officials; and
2. Whether plaintiff's removal by the agency was in retaliation for plaintiff's having filed previous complaints of racial and sexual discrimination.
The respective burdens of the parties under Title VII are summarized in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-253, 101 S. Ct. 1089, 1093, 67 L. Ed. 2d 207 (1981):
First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving a prima facie case, the burden shifts to the defendant, "to articulate some legitimate, nondiscriminatory reason for the employee's rejection ". [citation omitted]. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination [citation omitted].
Four elements are necessary to establish a prima facie case in the context of alleged discriminatory hiring:
(1) plaintiff belongs to a statutorily protected group;