DECISION OF THE BOARD OF DIRECTORS
Appellant Richard Duncan filed a claim against the Architect of the Capitol, alleging three counts of retaliation in violation of Section 207(a) of the Congressional Accountability Act (“CAA”), 2 U.S.C. §1317. The hearing officer dismissed two of the claims for failure to exhaust administrative remedies. The hearing officer also decided all claims on the merits, and determined that the evidence presented by Appellant did not support any of the three claims of retaliation. For the reasons set forth below, the majority opinion affirms the decision of the hearing officer. Member Camens joins the majority opinion in part, and dissents in part.
I. Background
FACTUAL BACKGROUND
Richard Duncan (“Appellant” or “Duncan”) has been employed by the Architect of the Capitol (“AOC” or “Architect”) as a mechanic in its Maintenance Division since 1986. In September 2002, Duncan was repairing motor units in an area of the Capitol where hard hats were worn. On September 4, 2002, Duncan assisted in lifting a motor, and in the process, he bore a large portion of the weight of a replacement motor, which weighed approximately 550 pounds.
The next day at work, Duncan complained to a co-worker that he had hurt his neck the night before. Duncan’s job on September 5, 2002 was to install a fan motor, along with his supervisor Robert Perry and a team of employees. As they rose to lift the fan motor, Duncan’s hard hat hit the head of Perry, who was not wearing a hard hat. Perry requested that Duncan remove his hard hat, but Duncan said nothing and did not remove his hard hat. No one else in the area was wearing a hard hat. After having been hit one or more times by Duncan’s hard hat, Perry removed Duncan’s hat from Duncan’s head. At the end of his shift, Duncan went home, without requesting medical attention.
