The EEOC affirmed the Administrative Judge’s (AJ) finding of race and age discrimination involving a 47-year Black that is old applicant. Adhering to a hearing, the AJ unearthed that the U.S. Department of Agriculture (Agency) discriminated against Complainant regarding the bases of battle and age whenever it would not choose him for a
Contracting Officer place. The AJ determined that Complainant’s skills had been clearly better than the Selectee’s skills for the reason that Complainant had more years of contracting experience, had contracting experience involving more complex issues and greater financial quantities, together with more several years of supervisory experience. The AJ also unearthed that the finding Official’s testimony in regards to the Selectee’s skills had not been was and credible maybe maybe perhaps not sustained by the paperwork when you look at the record. On appeal, the Commission figured the AJ’s choosing ended up being sustained by significant proof, and agreed utilizing the AJ that the Agency’s legitimate, nondiscriminatory basis for maybe perhaps not choosing Complainant ended up being a pretext for competition and age discrimination. Even though the Agency asserted that the choosing Official’s selection history precluded a choosing of discrimination, the Commission claimed that selection history is certainly not managing, additionally the AJ reasonably relied upon Complainant’s previous performance assessment as an indication of their performance. Further, the AJ was entitled to attract a reasonable inference through the proven fact that the choosing certified did not contact Complainant’s manager despite having contacted the Selectee’s many recent manager.