Decision and Order
This case arises out of a Complaint filed by Francisca Laguna (Complainant). Complainant alleges race-and national origin (Hispanic/Mexican) discrimination because of the Respondent’s refusal to grant her request of August 4, 2000 to have her position raised two grade levels along with a position title and series change; the subsequent failure to pay her at the level of the two grade increase from that point on; and her reassignment from the Office of the Architect to the Construction Management Division on March 26, 2002. As explained below, I find the complaint without merit and therefore dismiss the complaint.
I. Procedural Background
Complainant filed a request for counseling with the Office of Compliance on August 29, 2002. The issues raised by complainant were not resolved in mediation and she filed a complaint in the Office of Compliance on April 2, 2003. In lieu of an answer to the complaint, respondent on April 18, 2003, moved to dismiss the complaint because the denial of promotion, having occurred 22 months before counseling was initiated, rendered the complaint untimely and because count three, which concerned a reassignment without loss of pay, failed to state a cause of action. Upon consideration of . . the motion and the Complainant’s response thereto, I denied the Motion to Dismiss because the complaint raised allegations of continuing violation of unequal pay for equal work, thus implicating Bazemore v. Friday, 478 U.S. 385, 395-96. A hearing in the case was conducted on June 18 and 19, 2003. Post-hearing briefs and responsive briefs were filed and carefully considered.
II. Factual Background
Complainant began her employment with the Office of the Architect on October 13, 1996 in a temporary position of Secretary, GG–318-08, in Respondent’s Construction Management Division. Transcript (Tr.) Vol. II 32/12-18.
