ORDER DENYING REQUEST FOR RECONSIDERATION
On December 7, 2005, the Board of Directors issued a Decision and Order (“Decision”) in the above-captioned case, reversing the hearing officer’s dismissal of the matter, and remanding the case back to the hearing officer for further proceedings. On December 21, 2005, the Architect of the Capitol filed a Request for Reconsideration of the Board’s Decision. After a full review of the Architect’s request and supporting memorandum,1 the Board denies the request.
I. Background
Robert Solomon filed a claim against the Architect of the Capitol, alleging two claims of retaliation, and one claim of retaliatory hostile work environment, in violation of Section 207(a) of the Congressional Accountability Act, 2 U.S.C. 1317. The hearing officer dismissed all three claims, finding that Solomon had failed to prove that he suffered an adverse action, as required to establish a prima facie case of retaliation; and that the hostile work environment claim was without merit. In addition, the hearing officer determined that Solomon failed to state a claim upon which relief could be granted.
Solomon filed a petition for review, and the Architect filed a response. Upon consideration of the pleadings and the record evidence, the Board determined that the hearing officer’s decision was not consistent with law. The Board determined, among other findings, that the hearing officer’s decision did not conform to the Board’s ruling in Britton v. Office of the Architect of the Capitol, 02-AC-20 (CV, RP)(May 23, 2005); and that dismissal of the claim of hostile work environment was premature because the hearing officer was not able to determine whether the totality of the circumstances surrounding Solomon’s claims would support his allegations of hostile work environment.2
II. Standard of Review
Section 8.02 of the Office of Compliance Procedural Rules states that a party may move for reconsideration of a Board decision where the party can establish that the Board has “overlooked or misapprehended points of law or fact.”
