In Davis v. Passman (1979) 442 U.S. 228 99 S. Ct. 2264, 60 L. Ed. 2d 846, a former congressional staff member alleged her federal equal protection rights were violated when her boss, a former United States congressperson, discriminated against her based on her gender. (Davis v. Passman, supra, 442 U.S. at pp. 234-236 99 S. Ct. at pp. 2271-2272.) At that time, the plaintiff was not covered under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or internal congressional administrative rules. Relying on Bivens, the high court held a damages remedy was appropriate in the case because there were no other available remedies. (Davis, at pp. 245-248 99 S. Ct. at pp. 2277-2279.)