Facts

Plaintiff filed a federal civil rights lawsuit against the U.S. Department of Veterans Association in relation to alleged job discrimination. In response, the VA filed a motion for summary judgment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the VA engaged in discriminatory and retaliatory conduct against her based on her sex and gender. Plaintiff claimed the VA wrongfully denied her a promotion and engaged in disparate performance reviews. Plaintiff claimed that she was non-selected for the positions of Assistant Coach and Decision Review Officer even though she was qualified, maintained excellent employment marks, and received regular promotions and pay increases.

DEFENDANT'S CONTENTIONS: The VA contended that the case must be dismissed because plaintiff failed to exhaust all administrative remedies prior to filing this suit. The VA also argued that it based hiring off a scoring system and all employees hired for the disputed positions scored higher than plaintiff did.

Result

Defendants motion for summary judgment granted. The court determined that plaintiff's non-selection claims were time barred and that she prematurely filed her complaint before the administrative investigation into the VA was concluded. The court also determined that the VA provided legitimate and nondiscriminatory reasons for not awarding the employment positions to plaintiff.