DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to two petitions for review filed by the Office of the Architect of the Capitol (“AOC” or “Appellant”). Ana Cienfuegos (“Cienfuegos” or “Appellee”) filed two complaints against AOC alleging various forms of discrimination and retaliation. Those claims were ultimately dismissed on the merits, but during the course of the litigation, both Cienfuegos and AOC complained of alleged breaches of confidentiality by the opposing party. AOC seeks review of the Hearing Officer’s September 24, 2012 order holding that AOC breached confidentiality and awarding attorney’s fees and back pay to Cienfuegos, in amounts to be determined later; part of his July 30, 2013 order holding that Cienfuegos breached confidentiality but declining to award attorney’s fees to AOC; and his April 25, 2014 order awarding attorney’s fees to Cienfuegos in the claimed amount of $5,148.00.
For the reasons set forth below, we reverse the Hearing Officer’s decision finding a breach of confidentiality and awarding back pay and attorney’s fees to Cienfuegos, and we vacate the attorney’s fee award, but we affirm the Hearing Officer’s decision not to award attorney’s fees to AOC.
I. Background
In April 2012, Cienfuegos filed two Complaints that were joined into a single administrative proceeding. Cienfuegos alleged that she suffered from discrimination based on her race, national origin, disability, and gender, as well as retaliation and sexual harassment, while employed by AOC as a custodial employee. The Hearing Officer eventually dismissed her claims for failure to establish any unlawful employment action, and that dismissal has not been appealed.
