DECISION OF THE BOARD OF DIRECTORS
This appeal is before the Board of Directors (“Board”) pursuant to the appellant Kevin Paige’s petition for review (“PFR”) of the Hearing Officer’s June 8, 2017 Decision and Order, which found unproven his claims that the Office of the Architect of the Capitol (“AOC”): (1) denied him the opportunity remotely to attend meetings through electronic means in reprisal for his participation in the equal employment opportunity (“EEO”) complaint process; and (2) applied its time and attendance policy against him in reprisal for his participation in the EEO complaint process.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s decision on all claims.
I. Background
Paige is an African-American male who has been employed by the AOC for 12 years. During the relevant time,2 he was employed as a Utility Operator Supervisor at the Capitol Power Plant (“CPP”). In January 2015, following counseling and mediation, Paige filed a Complaint with the Office of Compliance (“OOC”), alleging discrimination and reprisal. In that case (“Paige I”), the Board affirmed the Hearing Officer’s decision that Paige failed to establish his claims. See Evans & Paige v. Office of the Architect of the Capitol, Case Nos.: 13-AC-56 (CV, AG, RP), 13-AC-71 (CV, RP), 2017 WL 1057256l at *1 (March 13, 2017).
On October 26, 2016, following counseling and mediation, Paige filed the instant Complaint with the OOC, which set forth counts of unlawful reprisal and racial discrimination based on his supervisor’s alleged failure to accommodate his work scheduling needs relating to his outside employment. Specifically, Paige alleged that the AOC engaged in unlawful discrimination based on race, and reprisal, by: (1) establishing employment conditions for him distinct from the employment conditions for other similarly situated-employees, and (2) applying a time and attendance policy to him distinct from other similarly-situated employees.
