DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Andrea Koshko (“Koshko”), against the United States Capitol Police (“USCP”). Koshko seeks review of the Hearing Officer’s June 17, 2013 Order, dismissing her Family Medical Leave Act (“FMLA”), disability and gender discrimination, retaliation, and hostile work environment claims.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings 1 , and the record in this proceeding, the Board affirms the Hearing Officer’s dismissal of all claims.
I. Background
In June 2007, Koshko began working for the USCP as a civilian administrative assistant. 2 There are three work shifts at the USCP: (i) day shift 6:00 a.m. to 2:00 p.m.; (ii) evening shift 2:00 p.m. to 10:00 p.m.; and (iii) midnight shift 10:00 p.m. to 6:00 a.m. The USCP assigned Koshko to the day shift which made her hours 6:00 a.m. to 2:00 p.m. At the time of her hire, Koshko was living with her husband, and their three children. As of 2012 when this case arose, the couple had a 17 year-old daughter, a 12 year-old daughter, and a 9 year-old son. The then 12 year-old daughter has type 1 diabetes.
On August 3, 2008, the USCP moved Koshko to the midnight shift which made her hours 10:00 p.m. to 6:00 a.m. Koshko asserts that she was permanently transferred to the midnight shift. The USCP maintains that she was detailed to the midnight shift because the move was temporary.
There is a USCP Division Correspondence Log (“DC Log”) maintained by USCP staff members, including Koshko. The DC Log references the transmission of a CP-5313 for “Andrea Koshko” to the Operational Service Bureau on July 30, 2008, with a reply received on August 1, 2008. The DC Log also references the transmission of a CP-531 for “Andrea Koshko” to Human Resources (“HR”) on August 5, 2008, with no date of reply indicated. Koshko made these two entries in the DC Log and maintains that these entries prove that she was transferred to the midnight shift on a permanent basis. The USCP contends that the actual CP-531 does not exist. 4
