its annual budget is close to $400 million. “It is one of the most powerful agencies in the federal government. Its personnel policies serve as the de facto model for the entire federal government.” (Judge Orders Trial for Diersen’s Reverse and Age Discrimination Claims After Evidence of GAO’s Continuing Retaliation is Presented, 1) During the 80’s there had been pressure placed on the agency to give preferential treatment to its minority and female evaluators which led to personnel systems known as broadbanding (BB) and more flexibility in the compensation structure through pay-for-performance (PFP). The flexibility in BB allowed less qualified protected class members more latitude in the GS levels, therefore promotions were granted easier. The trend in downsizing federal government agencies aided in the preferential treatment. The older (white, male) employees who had previously complained of the discrimination were forced out through early-outs, buyouts, and selected office closings rather than using seniority-based reduction-in-force procedures, which was the accepted practice. (Judge Orders Trial for Diersen’s Reverse and Age Discrimination Claims After Evidence of GAO’s Continuing Retaliation is Presented, 4) These issues (plus many others) led Dave Diersen to file an individual and a class action lawsuit for reverse discrimination and age discrimination against the agency, Diersen v. Hinchman, (Case No. 98-1887) on July 30,1998. Diersen had previously filed complaints of these natures using the agency’s in-house grievance procedures, but all were denied. The Judge has ruled that the case should go to trial, but seems to be held up in the courts.The Burden of Proof In 1973, McDonnell Douglas Corp. v. Green, 411 U.S. 792, the court stated that the plaintiff must “carry the initial burden of establishing a prima facie (on first look) case of racial discrimination…...
