El-Amin v. District of Columbia Department of Public Works
El-Amin v. District of Columbia Department of Public Works
Opinion of the Court
Samuel S. El-Amin, an employee of the Water and Sewer Utility Administration (WASUA) of the District of Columbia’s Department of Public Works (DPW), was adversely affected by a 1993 reduction in force (RIF) which abolished 125 positions at WASUA including the one occupied by Mr. El-Amin. El-Amin was reassigned to a position at a lower grade.
On March 27, 1996, almost two and one half years after the RIF, an OEA Administrative Law Judge (ALJ) rejected Mr. El-Amin’s contention and upheld the RIF. El-Amin sought review in the Superior Court, and on July 29, 1997, the trial court affirmed the decision of the OEA. This appeal followed.
Mr. El-Amin’s contentions with respect to the alleged illegality of the RIF are identical to claims which were considered and rejected by this court in Anjuwan v. District of Columbia Dep’t of Public Works, 729 A.2d 883 (D.C. 1998). On the authority Anjuwan, we reject these contentions and do not address them further in this opinion.
We turn to El-Amin’s claim of retaliation. As stated in his brief in this court,
appellant contended [before OEA] that the RIF was a sham ... because it was truly a personal retaliation against him for his activity before the Equal Employment Opportunity Commission (EEOC) on behalf of himself, and as a witness on behalf of co-worker Johnnie Martin.
The ALJ held that El-Amin had proffered insufficient evidence in support of this claim and that no evidentiary hearing was required. The trial court affirmed the ALJ’s determination.
We do not decide the question whether El-Amin’s pleading before the OEA was sufficient to warrant a hearing, for the appeal must be dismissed on jurisdictional grounds. Section 604.2(e) of OEA’s regulations provides that the Office shall not take jurisdiction “[o]ver complaints of unlawful discrimination as described in [the District of Columbia Human Rights Act,] D.C.Code §§ 1-2501 et seq.”
Affirmed.
. El-Amin also claims that the RIF should be set aside on account of OEA's delay in deciding his case. That delay was, indeed, unfortunate, but a substantially identical claim was rejected in Anjuwan, supra, 729 A.2d at 885-86.
. OEA’s regulations apparently have not yet been published in the District of Columbia Municipal Regulations, but may be found at 39 D.C.Reg. 7404 (1992).
Reference
- Full Case Name
- Samuel S. EL-AMIN v. DISTRICT OF COLUMBIA DEPARTMENT OF PUBLIC WORKS
- Status
- Published