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District of Columbia Housing Authority v. District of Columbia Office of Human Rights8/25/2005
him on the bases of his age and national origin. DPAH filed a Position Statement in response, repeating what it had said in its Statement of Non-Selection and asserting as an additional reason for not hiring Brummell that the United States Department of Housing and Urban Development ("HUD"), DPAH's funding agency, required applicants for Modernization Coordinator positions to have "specialized technical degrees in technical areas." Unlike Brummell, the two persons initially selected ahead of him each had a "Bachelor of Architecture" degree and "the requisite experience essential to the performance of the duties." Further, DPAH stated, the decision to hire the three subsequent applicants instead of Brummell was "based solely on the . . . HUD mandate that candidates for the positions meet the qualifications for the technical degree requirement." The parties submitted numerous relevant documents for consideration by DHR, such as DPAH's official description of the position of Construction Analyst, DPAH's requests to DCOP to establish the Modernization Coordinator positions (which included a proposed job description), the priority selection certificate issued by DCOP regarding the new position, DPAH's announcement of the creation of the new positions, employment applications completed by Brummell and other applicants, and DPAH documents announcing the selection of certain applicants and the non-selection of Brummell.
On May 10, 1996, the Director of DHR issued a Letter of Determination finding probable cause to believe that a violation of the D.C. Human Rights Act had occurred. In determining that Brummell had established a prima facie case of discrimination based on national origin and age, the Director found that Brummell was in a protected class, that his performance as a government employee had been "exemplary" and well above expectations, and that the two candidates selected ahead of Brummell did not have better qualifications for the Modernization Coordinator position than he had. In finding that DPAH's proffered explanation appeared to be pretext for discrimination, the Director emphasized Brummell's twenty years of contracting experience in contrast to the limited experience of the two individuals chosen ahead of him, his hands-on knowledge of government construction, his supervisors' praise of his "ability to learn far more skills than required to perform his duties," and his experience in teaching and training other DPAH employees. The Director discounted the belated assertion that the job of Modernization Coordinator required a technical college degree, pointing out that DPAH had not mentioned such an educational qualification in the original job description and supporting documents, in its request for permission to establish the new position, or -- most tellingly -- in the justification it was required to give to DCOP for not offering the position to Brummell.
Having found probable cause, the Director ordered DCHA (as DPAH's successor) and Brummell to attempt conciliation. After conciliation efforts failed, DHR notified Brummell that he could request either a formal hearing on his charges or a summary determination based on the existing record. Brummell requested the latter, and DCHA did not object. Thereafter, on September 16, 1997, the Director of DHR summarily determined that Brummell had successfully made out a prima facie case of discrimination on the bases of age and national origin and that DPAH's proffered explanation for not selecting Brummell was pretext for discrimination. The Director relied on essentially the same grounds that he had cited previously in his determination of probable cause. As the remedy, the Director ordered DCHA to reinstate Brummell to a position comparable to th
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