DECISION
Before the Board of Directors: Susan S. Robfogel, Chair; Barbara L. Camens, Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members.
On October 14, 2004, Hearing Officer Curtis E. Von Kann issued the attached “Hearing Officer’s Decision” on the merits of this matter, after an evidentiary hearing on the record and argument by the parties.
At the hearing, the Hearing Officer dismissed Complainant Halcomb’s claim of hostile work environment discrimination because that allegation was based upon the lack of hygiene of a co-worker, a circumstance which we agree does not constitute an actionable hostile work environment claim. As the Hearing Officer determined, “the Congressional Accountability Act does not protect employees from coworkers who have poor hygiene. . . . The impact of that falls equally on everybody in the office.”
We also agree with the Hearing Officer’s determination that the Complainant has not established employment discrimination based on race, or retaliatory termination based upon activity protected by section 207(a) of the Congressional Accountability Act of 1995, 2 U.S.C. 1317(a), for the reasons set out in his Decision which is attached hereto and incorporated by reference herein. The Board has excised certain names from the Hearing Officer’s Decision to protect individual privacy.
ORDER: Pursuant to section 406 of the Congressional Accountability Act of 1995, 2 U.S.C. 1406, and section 8.01(d) of the Procedural Rules, the Board affirms the Hearing Officer’s determination that Complainant Halcomb failed to establish liability of Respondent Office of the Senate Sergeant-at-Arms for any claim presented in this matter.
It is so ordered.
Issued: Washington, D.C.; March 18, 2005
