STATEMENT OF THE CASE
Robert Solomon (“complainant” “employee”) has been employed in Senate restaurants of the Office of the Architect of the Capitol (“AOC”, “employing office”, “agency ‘) for sixteen years and he has been the grill cook in the snack bar known as the Baby Gourmet since July, 2001. The hours of operation of the Baby Gourmet are 7:30 a.m. to 3:00 p.m. Monday through Friday.
On December 12, 200 I Solomon submitted a leave request (Comp. Ex 1), for nine day of Christmas vacation from Tuesday, December 18, 200 I to Wednesday, January 2, 2002. The request was submitted through Solomon’s first line supervisor Naomi Durant to his second line supervisor, Robert Savidge. At the time the request was submitted, the Senate was still in session, and it was uncertain when it would adjourn. Savidge denied the request and Solomon was told of the denial by Durant.
On December 14, 2001, Solomon submitted a second leave request (Comp. Ex 2), in the form of a hand-written memorandum, requesting annual leave for the same dates. In this request Solomon stated that he was making the request for “religious reasons” and he asked that he be accorded a “reasonable accommodation.” In a letter to Solomon dated December 17, 2001 (Comp. Ex 4), Savidge denied the request stating “[r]equests for two or more consecutive days should be submitted at least one week in advance. Due to the fact the Senate is still in session and we are short-handed because of approved absences, I am unable to approve your request. Should Senate recess and circumstances change, r will reconsider any request at that time.”
The Senate adjourned the evening of December 19, 2001. When Solomon arrived for work on December 20, 2001, he was informed that his leave was approved. He commenced his leave on December 21, 2001.
