DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Danielle Simms (“Simms”) against the Office of Congressman Raul Grijalva (“Office”). Simms seeks review of the Hearing Officer’s September 25, 2014 Order, which granted the Office’s motion for summary judgment on Simms’ race discrimination complaint.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board reverses the Hearing Officer’s finding of summary judgment and remands to the Hearing Officer. 1
I. Background
Staff Assistant Position
On December 19, 2012, Simms applied for a staff assistant position with the Office for its Washington, D.C. Congressional Office. 2 At that time, Simms was living in Arizona.
The Office interviewed Simms on two different occasions for the staff assistant position. First, the Office’s scheduler (race unknown)3 , interviewed Simms, by telephone, on January 9, 2013.
Then, on January 22, 2013, the scheduler and the chief of staff (race unknown), interviewed Simms, via Skype.
During the second interview, the scheduler and the chief of staff asked Simms if she could speak Spanish. Simms claims that she answered that she had taken Spanish classes in college and “[could] get by.” On January 23, 2013, the chief of staff offered Simms the staff assistant position. Simms accepted the position and began her employment in Washington D.C. on February 4, 2013.
Simms alleges that after she started working it became clear that the Office did not intend for her to remain a permanent employee. She states that she did not receive business cards, unlike the two other new staffers who had started the same day. She also asserts that she experienced delays in enrollment for commuter transit benefits as compared to the two other new staffers who were timely enrolled. She also claims that her paperwork for student loan assistance was delayed.
