DECISION OF THE BOARD OF DIRECTORS
By Order dated October 12, 2010 and Decision dated December 27, 2010, Hearing Officer Paul M. Coran granted Appellee’s motion for summary judgment and directed verdict, finding that Appellant did not prove that Appellee discriminated against him. The Appellant timely filed a petition for review of the Hearing Officer’s decision.1 The Appellee employing office filed a brief in opposition to the petition for review.
The Board has considered the Hearing Officer’s Decision and Order, in light of the record, the petition for review, and parties’ filings. 2 The Board finds that the Hearing Officer’s conclusions are supported by substantial evidence and affirms the Hearing Officer’s determination that the record does not establish proscribed discrimination. The Board relies upon the Hearing Officer’s finding and conclusion that the Appellant did not prove that his race or age motivated the employing office failure to promote him.
For the foregoing reasons, the Hearing Officer’s decision finding no discrimination is affirmed.
It is so ordered.
Issued: at Washington, D.C., September 27, 2011
