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District of Columbia Housing Authority v. District of Columbia Office of Human Rights8/25/2005
Argued November 9, 2004
Before SCHWELB, RUIZ and GLICKMAN, Associate Judges.
The District of Columbia Housing Authority ("DCHA"), joined by the District government, appeals from a judgment of the Superior Court upholding a determination by the former Department of Human Rights and Local Business Development ("DHR") that the Department of Public and Assisted Housing ("DPAH") violated the Human Rights Act by discriminating against an employee, George Brummell, Sr., on the bases of age and national origin. Brummell cross-appeals, asserting that the Superior Court lacked jurisdiction to hear DCHA's petition for review of DHR's action. Concluding that the trial court had jurisdiction, we reach DCHA's claims that DHR erred by: (1) not dismissing Brummell's discrimination complaint on account of his failure to seek relief first through consultation with an EEO counselor within DPAH, (2) not conducting an evidentiary hearing, and (3) finding that DCHA discriminated against Brummell based on the evidence of record. As we conclude that none of these claims entitles DCHA to relief, we affirm the judgment of the Superior Court.
I.
A. Non-Selection of Brummell
DPAH hired Brummell in 1987 to fill the position of Construction Analyst. According to the written requirements for the position, a Construction Analyst's responsibilities include directing the development of accurate cost estimates for major construction work, reviewing detailed cost analyses, designs and drawings submitted by architectural and engineering firms under government contracts to ensure budgetary compliance and conformance with Department policies, suggesting improvements in technical procedures and practices employed by the Chief of the Construction Management Division, and visiting construction sites to acquire first-hand information pertinent to cost estimation. A Construction Analyst is expected to possess knowledge of contracting procedures, cost price analysis, and "negotiation techniques . . . to deal with contractors in resolving such problems as reducing costs and adjusting delivery schedules."
Brummell's term as a Construction Analyst was interrupted in August 1991 due to an agency-wide freeze on mid-level employees, and DPAH reassigned him temporarily to a Painter Foreman position. Brummell was returned to the job of Construction Analyst in February 1992 and remained in that position until November 12, 1993, when he lost his job due to a reduction in force. Throughout his tenure with DPAH, Brummell's performance ratings and supervisory appraisals were uniformly excellent.
On August 30, 1993, DPAH requested permission from the District of Columbia Office of Personnel ("DCOP") to establish six new "Modernization Coordinator" positions. DPAH described the duties of a Modernization Coordinator as follows:
Responsible for overseeing the entire construction contract process, including preparing and issuing, subject to HUD approval, all modernization contract documents such as construction and bid documents, contract award, contract changes, time extensions and contract settlement documents . . . .
Reviews plans, specifications and contract documents for the design, rehabilitation, alteration and/or repair of multifamily housing projects to assure their compliance with HUD standards, good engineering practice and sound contracting procedures. Provide guidance to the A/E consultants in the preparation of such documents . . . . Examines physical plant and interviews operating and maintenance personnel responsible for it. Makes recommendations for maintenance, physical improvement, replacement . . . .
Prepares cost estimat
Page 1 2 3 4 5 6 7 8 9 10 11 12 District of Columbia Employee Leasing Services
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