Gaye Levy AYON, Plaintiff-Appellant, v. Arthur F. SAMPSON, Administrator, General Services Administration, Defendant-Appellee

In this action for damages appellant, Gaye Levy Ayon, claims sex discrimination in her non-selection for a management intern position and retaliatory harassment in her employment, in violation of the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e et seq. The district court adopted findings of fact and conclusions of law of a special master and dismissed the complaint, finding that there had been no discrimination in the non-selection of appellant for the management intern position and that the court lacked jurisdiction with respect to the retaliatory harassment claim. We reverse the holding on lack of jurisdiction and remand to the district court for further consideration of this claim.

Background

Appellant, an employee of the United States Forest Service, was employed as a secretary and later as an administrative assistant for the Seattle Federal Executive Board. On March 29, 1972, she filed an application for one of two management intern positions with the General Services Administration (GSA). Appellant’s application was considered with those of two men, the men being selected to fill the positions. The selecting official, William McVay, Director of…