26 Fair empl.prac.cas. 288, 25 Empl. Prac. Dec. P 31,762 Barbara St. John v. Employment Development Department, Barbara St. John v. Employment Development Department

642 F.2d 273 26 Fair Empl.Prac.Cas. 288 , 25 Empl. Prac. Dec. P 31,762 Barbara ST. JOHN, Plaintiff-Appellee, v. EMPLOYMENT DEVELOPMENT DEPARTMENT, Defendant-Appellant. Barbara ST. JOHN, Plaintiff-Appellant, v. EMPLOYMENT DEVELOPMENT DEPARTMENT, Defendant-Appellee. Nos. 79-4031, 79-4105. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1980. Decided Feb. 23, 1981. Elizabeth C. Brandt, Deputy Atty. Gen., Sacramento, Cal., for Employment Dev. Dept. M. Lee Hunt, Joy Oliver, Hunt & Oliver, San Rafael, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before SCHROEDER and FARRIS, Circuit Judges, and HARRIS, * District Judge. FARRIS, Circuit Judge. 1 The California Employment Development Department appeals the district court's finding that its transfer of Barbara St. John from the Department's Equal Employment Opportunity Unit to another job of the same pay and status constitutes retaliation for her filing of a complaint with the Equal Employment Opportunity Commission, see 42 U.S.C. § 2000e-3(a) (1976), and the court's award to St. John of attorney's fees, see 42 U.S.C. § 2000e-5(k)…