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eBook details

• Title: Mcnairn v. Sullivan
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

SMITH, Senior Circuit Judge Introduction Edith McNairn was denied a promotion and subsequently terminated from her employment with the United States Department of Health and Human Services (""HHS""). She filed an action alleging that HHS violated Title VII of The Civil Rights Act of 1964.1 The complaint comprises counts of refusal to promote based on discriminatory treatment and disparate impact, discriminatory termination and retaliatory termination. The magistrate judge found that there was no discriminatory motive involved in the HHS's employment decisions, and the United States District Court for the District of Maryland entered the order upon the magistrate judge's recommendation. On appeal, McNairn asserts that the magistrate judge's findings are clearly erroneous. Facts McNairn, plaintiff-appellant, was employed as a clerk/typist in the early 1980s in the Office of Equal Employment Opportunity and Civil Rights (""EEOCR"") of the Food and Drug Administration (""FDA"") of the United States Department of Health and Human Services (""HHS""). Her employment with EEOCR commenced pursuant to a Memorandum of Understanding signed by the FDA on July 1, 1982. The memorandum resolved plaintiff's earlier complaint of racial discrimination filed against the Bureau of Veterinary Medicine of the FDA for refusing to extend her temporary appointment. The agreement specified that plaintiff's appointment was extended for thirty days and that her performance would be evaluated by the EEOCR Director, Marshall Ford. Acceptable performance by plaintiff would result in extension of the temporary appointment or placement in a suitable position. The appointment was extended until October of 1982, and then again until October of 1983.

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