What is the cause of appellant's appeal?

It all began with appellant's application for a hospital administrator position with appellee, San Diego County, in early 1977. About one month later a consent decree was filed in United States v. San Diego County, Civil No. 76-1094-S (S.D.Cal.1977), a suit brought by the Department of Justice, in which appellee agreed not to discriminate on the basis of race, sex, or national origin. Notwithstanding this decree, appellant was passed over and the position was filled by the appointment of a woman. Apparently the appointing authority thought the decree required this action.

Thereafter appellant sought to intervene in United States v. San Diego County, supra. This effort was rejected on the ground that appellant had not exhausted his administrative remedies. After those remedies, in the view of the appellant, had been exhausted, he again attempted to intervene. Once more the district court denied intervention on the ground that the appellant should pursue his rights in a separate action. The action out of which developed this appeal was then filed.