21 Fair empl.prac.cas. 990, 22 Empl. Prac. Dec. P 30,594 Ina P. Anderson v. United States of America

The government has appealed from a preliminary injunction which ordered the United States Air Force to hire no person other than appellee Anderson for a specific position, and ordered the transfer of Anderson to the position pending a final decision on the merits.

The government contends that (1) Anderson cannot seek a remedy in federal court because she failed to exhaust her administrative remedies; (2) the district court abused its discretion by ordering that Anderson be hired; and (3) the court abused its discretion in ordering the Air Force to hire no one other than Anderson.

FACTS

In October 1976, Anderson, a GS-5 secretary, applied for the position of Manage ment Analyst at Nellis Air Force Base. The position was announced as a GS — 7 position with a growth potential to GS-9. Anderson competed for it with five other women. She reported to the Civilian Personnel Office that the selection supervisor had said he preferred a man for the position and she later made a discrimination complaint to the Federal Women’s Coordinator.

The matter was handled as an informal complaint in accordance with Air Force Regulation (AFR) 40 — 713. The selection supervisor was required to choose…