Ray v. Nimmo

Appellant, Melva A. Ray, filed her civil complaint alleging that in denying her a promotion, the Veterans Administration Medical Center (""VAMC"") discriminated against her on the basis of sex and age, and also violated the VAMC's Merit Promotion Plan. Jurisdiction over her complaint was based on Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. (West 1982), the Age Discrimination in Employment Act (""ADEA""), 29 U.S.C.A. § 621 et seq. (West 1982), and the Fifth Amendment to the United States Constitution.1 In two separate orders, the district court dismissed all three of Ray's claims.2 In this direct appeal, Ray challenges the dismissal of her age discrimination claim and of her Fifth Amendment claim.3 We reverse and remand. I. FACTS