DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by the Architect of the Capitol (“AOC”), against Sunday Iyoha (“Iyoha”). The AOC seeks review of the Hearing Officer’s June 7, 2013 Order, which found in favor of Iyoha’s national origin claim and awarded Iyoha $30,000.00 in compensatory damages; and the September 18, 2013 Order that awarded Iyoha $19,227.00 in attorney fees and $1,188.64 in costs.
Upon due consideration of the Hearing Officer’s Orders, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s finding of national origin discrimination; and award of compensatory damages, attorney fees, and costs to Iyoha.
I. Background
AOC Help Desk
In 2008, Iyoha started working for the AOC as the Help Desk Manager in the Production Management Branch (“PMB”) of the Information Technology Division (“ITD”).1 Iyoha is black, from Nigeria, and speaks with a Nigerian accent. Iyoha was also the Inventory Control Manager. He has a Bachelor’s Degree in English and two Associate Degrees in Mass Communication and in Journalism. He also has a certification for training related to computer servers and work stations. He is a certified support center director (the highest level certification that a help desk manager can achieve) and a support center analyst.
The help desk consisted of both AOC employees and contractors. The primary duties of Iyoha’s position consisted of overseeing and monitoring the help desk, and leading projects and tasks. Specifically, he monitored the contractors working at the help desk and prepared reports on the operations of the help desk. Also, he provided technical support to AOC users in the morning before the help desk officially opened.
In 2011, the PMB Chief was Iyoha’s First-line Supervisor. He spoke with an Iranian accent. The ITD Deputy Director, who spoke with an American accent, was Iyoha’s Second-line Supervisor. The Chief Information Officer (“CIO”), whose accent was unknown, was his Thirdline Supervisor. Iyoha’s First-line supervisor gave Iyoha “Outstanding” ratings for his 2009 and 2010 annual performance reviews and, as a result, Iyoha received quality step and cash awards.
