30 Fair empl.prac.cas. 1059, 30 Empl. Prac. Dec. P 33,273 Charla Duke v. Emory Langdon, as Regional Counsel, Western Region, Office of the Chief Counsel, Internal Revenue Service, Department of the Treasury, United States of America, James Booher, Lamont Olsen, John E. Lahart, Jr.

695 F.2d 1136 30 Fair Empl.Prac.Cas. 1059 , 30 Empl. Prac. Dec. P 33,273 Charla DUKE, Appellant, v. Emory LANGDON, as Regional Counsel, Western Region, Office of the Chief Counsel, Internal Revenue Service, Department of the Treasury, United States of America, James Booher, Lamont Olsen, John E. Lahart, Jr., Appellees. No. 81-4588. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1982. Decided Jan. 4, 1983. Rehearing Granted and Opinion Supplemented March 16, 1983. Matthew A. Coles, San Francisco, Cal., argued, for appellant; Mary C. Dunlap, San Francisco, Cal., on brief. Deborah Seymour, San Francisco, Cal., for appellees. Before KILKENNY, Senior Circuit Judge, FLETCHER, and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Appellant, Charla Duke, is a former junior attorney with the IRS. Her appointment to this position was conditional, there being a one year probationary period. She commenced employment on or about October 20, 1980. 2 Her performance evaluation in June, 1981 contained a recommendation against retention. She was again evaluated in August, 1981, and, again, she was not recommended for retention. Approximately four months later,…