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District of Columbia Housing Authority v. District of Columbia Office of Human Rights8/25/2005
es for budget preparation. . . .
Administers the building systems, . . . electrical, structural, and civil design contracts. . . . Reviews shop drawings, material samples and catalog cuts for compliance and recommends approval.
The proposed position would require an "ability to create and devise new ways of accomplishing objective ," a "thorough understanding of engineering methods and techniques," a "thorough knowledge of construction application, properties, operating and limitations of engineering systems, processes, . . . and materials," a "thorough knowledge of contacting management" and "procedures," and an "ability to make clear oral and written presentations."
DCOP approved DPAH's request to create the Modernization Coordinator positions and issued a "Priority Consideration Selection Certificate" on November 10, 1993. This Certificate listed three persons for priority consideration in filling the positions. Brummell's name was at the top of the list, meaning that he was entitled to be considered ahead of the other two candidates. In accordance with D.C. Personnel Regulations, the Certificate notified DPAH that it would be permitted to deviate from the priority ranking "only upon written justification by the selecting official that the duties of the position cannot be performed by the person with higher standing without undue interruption to the agency operation."
On the very same day that the Priority Consideration Selection Certificate was issued, DPAH skipped over Brummell and chose the other two designated candidates to become Modernization Coordinators. Each of these two successful candidates had been born in Africa. One was thirty-seven and the other was forty-seven years old. Although he had priority over both of them, Brummell, who was sixty years old and born in the United States, was not even interviewed for the position. In violation of the conditions specified in the Certificate and D.C. Personnel Regulations, DPAH did not certify that Brummell could not perform the duties of the Modernization Coordinator position without undue interruption to agency operations. Instead, in its November 10, 1993 "Statement of Non-Selection" regarding Brummell, DPAH furnished the following explanation:
Based on HUD mandates, DPAH must begin a relatively new concept in the entire construction contract process. For the past two years DPAH has failed in its efforts to successfully begin major renovation of public housing properties. Mr. Brummell and several other employees within his area of assignment were responsible for the review, analysis and correction to drawings and specifications for design and plans of structural renovation. The contracting process, however, was entirely placed in the Office of Contracts and Procurement. The new thrust placed in the Modernization Coordinator position requires the knowledge and expertise to begin the process from preparing and issuing modernization contract documents, to contract award. Included in the process is the pre-award and post-award functions, price/cost analysis, negotiations and administration, which require extensive knowledge of federal, and local laws, regulations and procedures of modernization construction services. For these reasons and Mr. Brummell's limited experience in the awarding of construction contracts, we opted to non-select.
DPAH subsequently hired three more persons as Modernization Coordinators; the record before us does not disclose their national origins, ages, or other attributes.
B. Adjudication by DHR of Brummell's Discrimination Complaint
On March 2, 1994, Brummell filed a complaint with DHR, alleging that DPAH had discriminated against
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