Facts

Plaintiff Janice Smets applied for a position as a procurement analyst with the Naval Facilities Contract Training Center in Port Hueneme, California, but was rejected in both 1995 and 1997. After her second rejection, Smets filed two complaints with the Equal Opportunity Exchange Commission (EEOC) for age discrimination, and defendant US Navy (Navy) was ordered to provide her with a job that was substantially similar to the 1995 procurement analyst position.

In December 2003, the Navy offered Smets a procurement analyst position without the video television training portion of the position, which resulted in a change in job travel requirements. In June 2004, Smets filed another complaint with the EEOC, but they found that the position offered was substantially similar.

In 2005, the EEOC ruled that the Navy was required to offer the position to Smets again. Smets declined the 2005 offer due to her belief that the travel requirements were greatly increased. In 2006, Smets was offered a position as a contract negotiator, but Smets requested a delayed start date and the Navy subsequently rescinded their offer.

Smets filed suit for age discrimination, retaliation, and failure to comply with the EEOC orders.

PLAINTIFF'S CONTENTIONS:
Smets contended that the Navy did not offer her a substantially similar position as the travel requirements were greatly increased from the previous job offer. Smets argued that she was discriminated against due to her age and when she complained, she was retaliated against with an offer that was not substantially similar. Smets stated that the Navy should have complied with her delayed start date.

DEEFENDANT'S CONTENTIONS:
The Navy contended that the travel requirements were not increased in the position Smets was offered and there was no discrimination. The Navy argued that there was no retaliation; that she did not exhaust all her remedies in regard to her EEOC order; did not timely file claims regarding the Navy's employment decisions; and the offer rescission was due to legitimate and nondiscriminatory reasons.

Damages

Smets sought unspecified damages.

Result

The court granted the Navy's motion for summary judgment.