DECISION AND JUDGMENT
This matter is before the Office of Compliance on allegations of retaliatory employment practices, a resulting hostile work environment and their culmination in Joe D. Clark’s resignation from the Office of the Architect of the Capitol (AOC). Violations of the Congressional Accountability Act of 1995 (CAA) §207(a}, 109 Stat. 13, 2 USC 1217 are alleged.
Synopsis of Issues
Complainant, Joe D. Clark, joined the AOC on February 18, 1996 as a Personnel Assistant, GS 6/ 4. He resigned from AOC on May 24, 2001 as a Personnel Assistant, GS 7/5, one day prior to his termination for various employment deficiencies. Since December, 1999, Mr. Clark has initiated three proceedings with the Office of Compliance. Identification of each proceeding facilitates an understanding of the issues in this case
First Proceeding:
12- -99
99-AC-313
Alleged gender discrimination by AOC in failing to promote Mr. Clark to GS8.
Resolved by counseling agreement dated January 4, 2000 which required training, feedback and an evaluation after 90 days of training.
Second Proceeding:
12-12-00
00-AC-104
Alleged breach of the January 4, 2000 agreement and retaliation.
Resolved by decision of a Hearing Officer concluding that AOC complied with agreement except for “neglect” in providing the specified evaluation. He found no evidence of discrimination or retaliation, rather Mr. Clark’s poor work performance justified non-promotion and reassignment of duties. Case 00-AC-104, Decision of Hearing Officer, 21.
The decision was affirmed by the Board of Directors.
Third Proceeding:
11-20-01
01-AC-388
Alleged retaliatory employment practices resulting in a hostile work environment and Mr. Clark’s resignation on May 24, 2001.
The second proceeding and the third proceeding focus on the same time period, many of the same AOC employment practices and basically the same work performance by Mr. Clark. However, in the third proceeding, some issues, allegations, and proofs differ but most are very similar.
