DECISION OF THE BOARD OF DIRECTORS
On September 6, 2002, Hearing Officer Curtis E. von Kann issued the attached Decision in this matter concluding that the Respondent failed fully to implement1 its settlement agreement with the Complainant, but for non-discriminatory and non-retaliatory reasons. The Complainant timely filed a petition for review of that decision, and a supporting brief. The Respondent timely filed its opposition brief to the petition for review.
The Board has considered the decision2 and the record in light of the petition for review and briefs. The Board affirms the hearing officer’s determinations: (1) that the evidence did not establish that the Respondent acted out of a proscribed discriminatory or retaliatory motive in failing to implement the settlement agreement; and (2) that the Complainant failed to prove damages from Respondent’s failure to comply fully with the agreement.
ORDER
Pursuant to Section 406(e) of the Congressional Accountability Act and Section 8.01(d) of the Office’s Procedural Rules, the Board affirms the hearing officer’s merits determination of no discrimination, retaliation, or actionable damages in this matter.
It is so ordered.
Issued, Washington, D.C.: May 30, 2003
