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By Joanna S. Friedman
Federal management officials who participate in the hiring process for a job vacancy and give contradictory explanations for their reasoning in not selecting qualified candidates may result in establishing that the process was discriminatory. A recent U.S. Court of Appeals for the District of Columbia Circuit ruling held that the District Court erred when granting summary judgment in favor of the U.S. Government Printing Office (GPO/Agency). Thus, the Appellant can now move forward with her discrimination complaint against the Agency in which she alleges that she was discriminated against on the basis of her race (African American), and/or sex when she was not selected for a Supervisory Printing Service Specialist Position.
A key factor in the Court of Appeals decision was evidence that a high-ranking Agency management official involved in the selection process was not truthful when reporting his motivations for not promoting the Appellant, who was a 30-year GPO employee and a better qualified candidate based on her substantially more years of relevant experience. Instead, the manager selected two Caucasian males for the day and night supervisory positions, and did so without conducting any candidate interviews. Specifically, the Court reasoned that the management official was not truthful when reporting to the EEO investigator assigned to the complaint that he did not select the Appellant because she “wandered.” Subsequently, the management official admitted that his answer was not accurate. Thus, the Court held that his lack of candor carried “significant evidentiary significance,” as such conduct showed an “apparent lack of knowledge” in criticizing the Appellant, when she had extensive applicable experience for the position.
Also significant to the Court’s decision was evidence that the Agency has a pattern and practice of being “generally inhospitable to minorities.” In fact, since 1994, only Caucasians have filled the specialty positions within the branch at issue, with the exception of one position that was occupied by a minority who filed a discrimination complaint on the basis of race in order to get placed into the position. Ultimately, the Court held that the totality of the circumstances including, the Agency’s discriminatory hiring and promotional track record, the management official’s untruthfulness with respect to why the Appellant was not selected for the position, and his unawareness of Appellant’s stellar credentials was enough evidence of discrimination to defeat summary judgment.
Federal Civil Service employees who believe they were discriminated against because of their race, color, religion, sex, or national origin should contact a federal employment law attorney.
Joanna S. Friedman is partner with Tully Rinckey PLLC. She concentrates her practice in federal sector employment and labor law. She can be reached at jfriedman@fedattorney.com. To schedule a meeting with one of Tully Rinckey PLLC’s experienced employment law attorneys call 202-787-1900.
