DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Dorsey Frazier (“Frazier”), against the United States Capitol Police (“USCP”). Frazier seeks review of the Hearing Officer’s April 1, 2013 Order, dismissing the race and age discrimination claims; and April 29, 2013 Order, dismissing the retaliation claims.
Upon due consideration of the Hearing Officer’s Orders, the parties’ briefs and filings, and the record in this proceeding, the Board affirms the Hearing Officer’s dismissal of the race and age discrimination claims; and the retaliation claims.
I. Background
Frazier, a 69 year old black male, works for the USCP as a civilian communications officer. He is the oldest employee in his division. His days off were Sundays and Mondays.1 In April 2012, a younger employee, who is also black, advised Frazier that he was changing his days off to Sundays and Mondays. Frazier believed that this change in days off would result in his losing days off on Sundays and Mondays. Frazier complained to his immediate supervisor, who is white and younger, and later his second-level supervisor, who is also white, about the proposed change and stated that he would file a claim with the Office of Compliance (“OOC”) if it was implemented. The second-level supervisor advised Frazier that she intended to follow the USCP’s standard operating procedure which determined days off by seniority and employee preference.
The five employees on Frazier’s shift submitted their days off preferences. Frazier and two other employees all requested Sundays and Mondays as their first choice. The USCP did not give Frazier Sundays and Mondays off, but instead gave those days off to one of the other employees because he was the most senior of the three. The employee who received Sundays and Mondays off was black and younger than Frazier and the same employee who initially advised Frazier that he was changing his days off to Sundays and Mondays. Frazier received Fridays and Sundays off. The remaining employee (the same white and younger employee who lost his days off of Sundays and Mondays to Frazier in 2010 because of Frazier’s higher seniority) received Mondays and Tuesdays off.
