Bowman v. United States Environmental Protection Agency

712 F. Supp. 375, 1989 U.S. Dist. LEXIS 4634, 51 Empl. Prac. Dec. (CCH) 39,225, 1989 WL 44524
CourtDistrict Court, S.D. New York
DecidedMay 1, 1989
DocketNo. 85 Civ. 8968 (PKL)
StatusPublished
Cited by1 cases

This text of 712 F. Supp. 375 (Bowman v. United States Environmental Protection Agency) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowman v. United States Environmental Protection Agency, 712 F. Supp. 375, 1989 U.S. Dist. LEXIS 4634, 51 Empl. Prac. Dec. (CCH) 39,225, 1989 WL 44524 (S.D.N.Y. 1989).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEISURE, District Judge.

This case was tried without a jury over 3 days in mid February, 1989. The pre-trial order submitted and prepared by the parties contained proposed findings of fact and conclusions of law, and the parties supplemented those submissions after trial. Subsequently, the parties stipulated, with the Court’s approval on April 27, 1989, that closing arguments, which were originally to be scheduled after the post-trial submissions, were not necessary and would not be held. The following opinion constitutes this Court’s findings of fact and conclusions of law, made pursuant to Fed.R. Civ.P. 52(a).

FINDINGS OF FACT

Introduction.

Plaintiff Adolph C. Bowman (“plaintiff” or “Bowman”) is a black male, over forty years of age. Prior to leaving his job, plaintiff was employed as an Environmental Protection Assistant (“Assistant”), which carried a grade of GS-6,1 in the Water and Hazardous Waste Compliance Section (the “section”), of the Permite Administration Branch (“PAB”), of the Policy and Management Division, Region II, of the United States Environmental Protection Agency (“EPA”).

Plaintiff undertook and exhausted the requisite administrative steps before pursuing the present action in this Court. These actions began with interviews with Equal Employment Opportunity (“EEO”) counselors, and proceeded through the filing and investigation of a formal complaint with the Region II EEO Office, the filing of a subsequent complaint based on harassment claims, and the consolidation of the hearings on those two complaints. The administrative actions culminated with a two day hearing on January 30-31, 1985, before EEOC Hearing Examiner Muriel Shapiro (the “administrative law judge” or “AU”).

That AU found that the EPA’s failure to promote plaintiff did not constitute discrimination. Plaintiff contests this portion of the AU’s findings in the present action. The AU did however, find merit in the retaliation portion of plaintiff’s complaint. [376]*376See, GX CCC.2 The EPA adopted this recommended decision on November 15, 1985, and paid attorney's fees to plaintiff’s prior counsel, as directed by the EEOC.

In his initial complaint, plaintiff sought declaratory and injunctive relief, as well as damages and fees. The basis of the equitable relief initially sought was alleged retaliation by the defendant, and defendant’s continued non-compliance with the orders of the administrative law judge. Plaintiff has subsequently left his employment with defendant. Therefore, his position at trial was, quite properly, that it was no longer appropriate to seek injunctive and declaratory relief based on alleged violation of prior administrative orders and continued impermissible actions by the defendant. The issues that did remain for trial involved compensatory damages, and the basic discrimination claim by plaintiff under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”). Based upon the following findings and conclusions, the relief requested by plaintiff is granted.

Plaintiff’s Employment History.

Plaintiff previously served in the military, and worked for the Post Office until forced to leave because of an injury, and consequent disability, in 1968. Plaintiff continues to receive some disability compensation for that injury, and must limit his work week to not more than forty hours because of the medical disability.

Plaintiff subsisted on that disability compensation for a couple of years after leaving the postal service. He took the opportunity to complete his high school education during that period, and further pursued his education through college-level courses. The disability payments alone were insufficient, however, to support Bowman and his children. Accordingly, Bowman began to seek employment in 1973.

Plaintiff was interviewed for a position at the EPA by James A. Sellar (“Sellar”), and was hired in August, 1973. Sellar was at that time acting chief of the Permits Administration Branch. Sellar had no college degree. Although it seemed somewhat peculiar for a gentleman of Bowman’s age to be seeking a clerical-typist position, Bowman and Sellar understood that his position could be re-evaluated, as the duties and responsibilities of his job evolved. See, e.g., GX XXX at p. 64-65.

Plaintiff continued to work at the EPA through the commencement of this action. As noted, during the pendency of the action he left the EPA, due to deterioration of his physical condition. Bowman is currently employed as a security guard.

Bowman began his career as a clerk-typist, with a GS grade of 3 and an annual salary of $6128. At first, his duties were essentially of a clerical nature. His supervisor during his initial employment with the agency was section chief Ignatio Ruisi (“Ruisi”). PX 1, 2.

In 1974, Bowman shared a merit-based cash award with Ruisi and others for contributions to the section, specifically for the processing of an unusually large number of permits. PX 4.

In May 1975, plaintiff, who was then a GS-4 with a salary of $9367 per year, received a promotion to a GS-5 position, at an annual salary of $9915. GX D, PX 5. That new position was Environmental Protection Assistant (“Assistant”), in the newly created Water Compliance Section of the PAB. Ruisi discussed the promotion, and its implications, with Bowman.

In May 1976, Dr. Richard Baker (“Baker”), who was then head of the branch3 of which Bowman’s section was a part, recommended to the personnel department of the EPA that plaintiff be promoted to a GS-6 level. PX 8. Baker described the duties that were then being performed by Bowman, which went beyond mere clerical functions. Plaintiff received the promotion to a GS-6 level in June of 1976, at a then [377]*377annual salary of $11,274. GX LLL. Baker discussed that promotion with plaintiff.

Individual positions in the EPA, in addition to having a certain GS level, are a part of a particular numbered “series.” A series is an organizational grouping of similar or related positions. The Environmental Protection “Assistant” series was redesig-nated from the “301 series” to the “029 series” in 1976. GX G.

Within a particular grade level, an employee periodically receives “step increases” in salary. Tr. 281-82. Plaintiff did receive such step increases during the course of his employment at the EPA. GX PP.

Plaintiff remained at the GS-6 level for ten [10] years, without further promotion, until he left his employment with the EPA in 1986. His annual salary when he left the EPA was $20,320.

Procedures in the Section and at the EPA

There are various ways that an individual may achieve a higher GS grade. These include reclassifications such as the ones plaintiff received in 1974, 1975 and 1976, internal merit applications, built-in career ladder advancements, “upward mobility” applications, and appointments to entirely new positions. Reclassification can occur when an individual employee’s position undergoes an “accretion of duties” over a period of time.

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Bluebook (online)
712 F. Supp. 375, 1989 U.S. Dist. LEXIS 4634, 51 Empl. Prac. Dec. (CCH) 39,225, 1989 WL 44524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-united-states-environmental-protection-agency-nysd-1989.