DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) through a petition for review filed by Blair P. Gormley (“Gormley” or “Appellant”). Gormley filed a claim of discrimination alleging that the Capitol Police Board (“Capitol Police” or “Appellee”), violated Section 207(a) of the Congressional Accountability Act (“CAA”) when it failed to select him for a vacant position for which he applied. The Hearing Officer dismissed the complaint for failure to state a claim upon which relief can be granted and for failure to proceed with the processing of the complaint. For the reasons set forth below, we reverse the decision of the Hearing Officer and remand the claims for further proceedings consistent with this opinion.
I. Background
Appellant applied for a position as police officer with the Capitol Police on November 3, 2006. After receiving a conditional offer of employment dated January 16, 2007, Appellant underwent a physical exam. By letter of February 15, 2007, Appellant was notified that the Office of the Attending Physician had reported to the Capitol Police that he had failed to meet the physical requirements for the position of United States Capitol Police Officer. The letter further notified Appellant that additional processing of his 2 application had been terminated and that his conditional offer of employment had been withdrawn. Appellant was advised that he could provide additional information and “reenter the selection process at such time as the Office of the Attending Physician reports that [he met] the minimum physical requirements of the position.”
The report from the Office of the Attending Physician, dated January 16, 2007, showed that Appellant had been “temporarily disqualified by reason of: need more info re: DM”. Further, there was a note on the report dated February 12, 2007 showing that the information from the Appellant’s endocrinologist had been reviewed and that Appellant had been “disqualified by reason of: … DM1 [with] insulin pump and episodes of hypoglycemia.”
