Predmore v. Allen

• Decision Date: 20 June 1975
• Docket Number: Civ. No. 73-1036-K.
• Citation: 407 F. Supp. 1053
• Parties: Renetta M. PREDMORE v. Lew ALLEN, Lieutenant General, United States Air Force, Director National Security Agency, Fort George G. Meade, Maryland, and the United States of America.
• Court: U.S. District Court — District of Maryland

407 F. Supp. 1053

Renetta M. PREDMORE v. Lew ALLEN, Lieutenant General, United States Air Force, Director National Security Agency, Fort George G. Meade, Maryland, and the United States of America.

Civ. No. 73-1036-K.

United States District Court, D. Maryland.

June 20, 1975.

Bruce J. Terris and Suellen T. Keiner, Andra N. Oakes, Washington, D. C., Champe C. McCulloch, Baltimore, Md., for plaintiff.

Jervis S. Finney, U. S. Atty. and Virginia S. Draper, Asst. U. S. Atty., Baltimore, Md., for defendants.

FRANK A. KAUFMAN, District Judge.

Plaintiff Renetta M. Predmore, a female employee of the National Security Agency, Fort George G. Meade, Maryland, (hereinafter referred to as "NSA") has instituted the within action pursuant to, inter alia, the jurisdictional provisions of 42 U.S.C. §§ 2000e-5(f)(3)¹ and 2000e-16(c), (d)² and 28 U.S.C.A. § 1346(a)(2).³ Defendant Allen is Director of NSA. Predmore alleges that she and similarly situated female employees of the G-6 Office of the G-Group of NSA have, on the basis of their sex, been discriminatorily denied promotion as a result of certain practices of the G-6 promotional system. Predmore additionally alleges that she was subjected to coercion and reprisal by her NSA superior, one Frederick B. Cole, as a result of complaints Predmore filed with an Equal Employment Opportunity Counselor in which Predmore charged that she had been discriminatorily denied a promotion on September 22, 1972, and that certain NSA officials wrongfully interfered with the processing of her complaint.

Plaintiff asserts that such alleged discrimination, coercion and interference violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16 et seq.,⁴ 5 U.S.C. §§ 7151⁵ and 7154,⁶ Executive Order 11478 (1969) (Administrative Record 663-64), certain Civil Service Commission regulations relating to equal employment opportunity,⁷ a NSA Personnel Management Manual establishing NSA policies and procedures to insure its employees of such opportunities,⁸ and the Back Pay Act, 5 U.S.C. § 5596.⁹

Plaintiff seeks to bring the within proceeding as a class action pursuant to Federal Civil Rule 23(b) (2).¹⁰ and requests a wide range of equitable relief to eradicate alleged discrimination in the G-6 office of NSA. Specifically, Predmore has asked this Court to enjoin defendant Allen and his successors, subordinates and attorneys from discriminating against plaintiff and other class members on the basis of sex and from perpetuating any policies or practices which may interfere with the rights of plaintiff or other class members; to require defendant to comply fully with NSA's Personnel Management letter dated November 25, 1971,¹¹ to make all supervisory personnel aware of the same, and to apply NSA's promotion criteria uniformly and without regard to sex; and to require defendant to appoint women to serve as members of NSA's promotion panel, to document the basis for future promotion choices, and to take whatever other actions may be required to eliminate NSA's alleged pattern and practice of sexual discrimination. Further, plaintiff asks this Court to require defendant to present to this Court, within 30 days from the issuance of final judgment herein, "a plan, in form suitable for entry as a decree, showing precisely and in detail how NSA will comply with the Court's order". Plaintiff additionally seeks protection against reprisal or retribution flowing from any of her attempts to "vindicate her rights". Also, Predmore has asked this Court to require defendant to issue a formal letter of reprimand to Frederick Cole, Predmore's former superior, for his part in the events in question.¹² Finally, Predmore seeks a declaratory judgment that the complained-of activities of NSA officials violate Title VII, 5 U.S.C. §§ 7151-54, Executive Order 11478 (1969), and various provisions of 5 C.F.R. Part 713; the award of back pay in the amount of the differential in pay and related benefits between the amount she has in fact earned and the amount she would have earned had she been promoted on September 22, 1972; and reimbursement for her expenses in connection with this case, including reasonable attorneys' fees, pursuant to 42 U.S.C. §§ 2000e-5(k)¹³ and 2000e-16(d).¹⁴

Defendant Allen has filed a motion to dismiss, and in the alternative has moved for summary judgment on the basis of administrative proceedings initiated by Predmore pursuant to which the Board of Appeals and Review (hereinafter referred to as "BAR")¹⁵ of the Civil Service Commission (hereinafter "CSC") denied relief to plaintiff in connection with the complaints which form the basis of the within case. Plaintiff has submitted a cross-motion for summary judgment on the basis of that record, while secondarily pressing the contention that she is entitled to a trial de novo in this Court should this Court deny her motion for summary judgment. A motion by plaintiff to join the United States as a party defendant for the purpose of perfecting jurisdiction under 5 U.S.C. § 5596¹⁶ was not opposed, and was granted in open Court on March 14, 1975.

The material facts of this case are not in dispute. On November 25, 1971, NSA issued a Personnel Management Letter (hereinafter "PML"), which established some thirteen criteria to be applied by all agency promotion panels in selecting individuals for promotion to all grades of GGD-15 and below. Criterion "g" of those thirteen criteria stated as follows:

g. EEO Considerations. Deliberate care will be taken to ensure that all eligible candidates, including members of minority groups and women, will be considered for promotion on an equitable basis. The same degree of promise is desired in them as in all others. However, in considering the qualifications of members of minority groups and women, supervisors and managers should be aware that many of these individuals may have reached the zone of consideration without having been given a full opportunity for participating in desirable training and developmental assignments. In order to compensate for this, greater weight will be given to the criteria of job performance and potential when considering these employees.

On June 22 and 23, 1972, the promotion panel for the G-61 Division of the G-6 Office of NSA was convened by the Division Chief, William B. Huffman, for the purpose of selecting a candidate or candidates in connection with the one "GGD-11" promotion which was then available within the G-6 Office of NSA.¹⁷ Although he had never read the PML and was unaware of Criterion g, William F. Stevenson, a branch chief in the G-6 Division, named Predmore as his top candidate for promotion. Other G-61 branch chiefs at that time submitted to Huffman the names of at least two other nominees for promotion, namely Richard Ward and Grover Heinds.

In mid August, 1972, the promotion panel for the entire G-6 Office was convened by Frederick B. Cole, Chief of G-6. At that time, Huffman presented to Cole the names of the G-61 Division's candidates, including Ward, Heinds, and Predmore. After reviewing the names of those candidates, Cole asked each division chief to narrow his recommendations to a single candidate. Huffman thereafter submitted to Cole Ward's name, while James A. Green, Chief of Division G-63, submitted to Cole the name of one Alan R. Danahy.

On September 22, 1972, Danahy's promotion was announced. On September 25, 1972, Predmore, admittedly unaware of the mechanics of promotion decisions, visited Cole and asked him to explain why Danahy, and not she, had received the promotion. After receiving no answer she found satisfactory, Predmore filed with EEO counselor Samuel W. Dent an informal charge of sex discrimination in which she alleged that the promotional system of G-6 had discriminated against her on the basis of her sex.

On October 11, 1972, during a meeting held between Dent, Predmore, and a G-Group Staff member, Francis A. Raven, Chief of the entire G-Group, informed Dent that Raven would see to it that Predmore was promoted at the earliest opportunity. On that same date, after learning of Raven's decision so to promote Predmore, Cole argued to Raven that such a promotion would be unfair to other G-6 personnel who also deserved promotion. Raven acceded to Cole's request not to promote Predmore at that time.

On October 12, 1972, Cole called Predmore and Huffman into Cole's office to discuss plaintiff's EEO complaint, stated that he was "hurt" by plaintiff's filing of the complaint, and that he found the EEO investigation "distasteful". In an emotionally-charged meeting, Cole defended his promotion of Danahy.

On October 16, 1972, Milton S. Zaslow, then Deputy Assistant Director of NSA for Production, summoned Predmore to appear before him. Predmore refused to appear without her representative. Zaslow then insisted that Predmore come to his office that afternoon whether or not her representative was then available. When plaintiff and her representative met with Zaslow, the latter indicated to Predmore that he was aware of her complaint, took a "serious view of" the same, and proposed personally to look into the matter (R. 208). At the same meeting, Predmore requested that Zaslow allow the EEO staff of NSA to continue to process her formal complaint, and Zaslow responded that he had no objection to the same.

On October 18, 1972, Predmore filed a formal written complaint with NSA's Director of EEO in which complaint Predmore stated, in pertinent part:

2. The only reason I can think of for my not being selected for promotion is the fact that I am female, and females appear to be discriminated against within G6 as evidenced by the small number of females in supervisory or management positions in the G6 organization. To the best of my knowledge, women constitute 51% of G Group and hold 21% of the supervisory and management positions of G Group. Within G6, however, women hold less than 2% of the supervisory and management positions.

3. Though Mr.

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