 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
District of Columbia Housing Authority v. District of Columbia Office of Human Rights8/25/2005
at of Painter Foreman (the position he held for six months between 1991 and 1992) and to accord him priority consideration for any promotions for which he qualified. The Director also awarded Brummell back pay from November 12, 1993.
DCHA moved for reconsideration, asserting that the Director's decision was arbitrary and capricious because it failed to consider that Brummell "lacked the requisite knowledge of federal and local laws and regulations." Neither DCHA nor Brummell requested an evidentiary hearing. On January 12, 1998, the Director reaffirmed his prior determination. Comparing Brummell again with the two candidates selected ahead of him, the Director concluded that Brummell was no less qualified than they were for the position of Modernization Coordinator. For instance, the Director noted, one chosen applicant's experience primarily involved the technical requirements of public housing construction, and he appeared to possess little knowledge of or experience with regulations relevant to the contracting process. The other selected candidate had previously held the same position as did Brummell, that of Construction Analyst, and his experience was essentially identical to that of Brummell. In short, contrary to DPAH's assertions, all three candidates possessed similar qualifications, and the two who were selected did not have a broader range of contracting experience than Brummell had. The Director also relied on his prior findings that the supposed requirement of a technical degree "was not a factor when the selections were made." Adhering to his determination that DCHA's proffered justifications were pretextual, the Director explained that because the stated reasons were not credible, they gave rise to an inference that the less-qualified applicants selected over Brummell were "treated more favorably because of their younger ages and/or their national origin."
C. Judicial Review
DCHA petitioned this Court in February 1998 to review the Director's decision. See D.C. Hous. Auth., supra note 2, 733 A.2d 338. The petition was opposed by both Brummell and the District government on the jurisdictional ground that administrative proceedings involving the selection or tenure of District employees are not subject to direct review by the Court of Appeals because they are not "contested cases" within the meaning of the D.C. Administrative Procedure Act. See D.C. Code §§ 1-1510 (a) and 1-1502 (8) (1981 & Supp. 1992), re-codified at D.C. Code §§ 2-510 (a) and 2-502 (8) (2001). On July 22, 1999, this court dismissed DCHA's petition for lack of jurisdiction, holding that the proper forum for initial judicial review of DHR's decision was in Superior Court. D.C. Hous. Auth., 733 A.2d at 339, 342.
Thereafter, on August 23, 1999, DCHA (now joined by the District government) petitioned the Superior Court to review the DHR Director's final decision of January 12, 1998. Brummell intervened and moved to dismiss the petition for lack of jurisdiction on the grounds that (1) DCHA was not entitled to appeal an adverse decision under the D.C. Human Rights Act, inasmuch as government agencies are not within the class of persons that Act was intended to protect, and (2) DCHA's petition was untimely because it was not filed within thirty days of the Director's final decision. On August 7, 2000, the court (Judge Hedge) denied Brummell's motion. In line with our conclusion in D.C. Housing Authority, 733 A.2d 338, the court held that DCHA, as a party to the proceedings, was entitled to appeal the adverse determination by the Director of DHR in the Superior Court. The court further held that DCHA's petition was timely under this court's decision in Simpson v. District of Columbia Office of H
Page 1 2 3 4 5 6 7 8 9 10 11 12 District of Columbia Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|