National Origin & Age Discrimination Found When Agency Terminated Complainant’s Candidacy for a Position.
The Commission found that the Agency discriminated against Complainant when it terminated his candidacy for a Diplomatic Security Foreign Service Special Agent position because his score on an oral and written assessment was below the cut-off level. Agency officials averred that they asked all candidates the same questions and rated them according to pre-determined factors. No one identified what the factors were, however, and Agency officials refused to provide information about the assessment questions and materials. The EEO Investigator asked the Agency officials to provide the names of and pertinent information about the applicants who were found suitable to continue their candidacy for the position and information regarding the applicants whose candidacy was terminated, or not terminated, for the same reasons as Complainant’s candidacy. The Agency stated only that it had assessed 726 candidates, that 272 passed the assessment, and that the candidates who passed as well as those who did not pass the assessment “ranged from all ages, races, and gender[s].”
Based on the Agency’s statement regarding the candidate pool, the Commission found that Complainant established prima facie cases of discrimination based on race/national origin and age. The Commission further found that the Agency officials’ vague, conclusory statements about the assessment process did not explain why the Agency terminated Complainant’s candidacy. The Agency provided no information about the pre-determined factors, the questions posed to the candidates, Complainant’s answers to the questions, how the reviewers scored Complainant’s answers, or the bases for the scores given to Complainant and the other candidates. The Commission ordered the Agency to change Complainant’s assessment results to a passing score and to process his candidacy in the same manner that it processed the candidacies of other applicants who received passing scores.