DECISION AND JUDGMENT

This matter came before the Office of Compliance on a legations of age discrimination, retaliatory employment practices and a hostile work environment in violation of the Congressional Accountability Act of 1995 (CAA)- §§ 201 (a) (2) and 207, 109 Stat. 3, 7 and 13. 2 U.S.C. 1301, 1311 and 1317.

Synopsis of Case

Complainat, Ziggy 8ajbor, is an electrical engineer who has been employed by the Office of the Architect of the Capitol (AOC) since March, 1988. He obtained his engineering degrees in Poland, worked in nuclear research in Poland and Sweden for about 14 years and received a professional engineer license in the United States in 1974. He worked in this country as a senior or supervisory engineer in private industry before appointment to his AOC post on as a GS-12. He is 74 years old.

Mr. Bajbor believes that he has been denied 3 promotions by the AOC because of his age and has been retaliated against by the AOC because of his complaint to the Office of Compliance concerning a 1998 promotion opportunity. He s persuaded. that he was qualified for each of the 3 promotion opportunities and that the cause of his non-promotion is discrimination.

He alleges that his former supervisor, Vinod Wadwah., was a major factor in the discrimination. He also alleges that the AOC created a hostile work environment and discriminated against him by violations of the Architect of the Capito Human Resources Act, 40 U.S.C. l66b-7, 108 Stat. 1443 (1994), its letter of commitment to the chairman of the House Office Building Commission on Ju y 5, 1995 and Chapter 335 of its Personnel Manual.

Respondent, the Office of the Architect of the Capi10I, identifies Mr. Bajbor as a : qualified engineer who works very ably in his preferred field of power systems. The AOC denies any discrimination. lt asserts that Mr. Bajbor fails to prove the essential elements of his claim and that only events occurring 180 days prior to December 21. 2000 should be before the Office of Compliance at this time. CAA. §402 (a).

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