September 20, 2008 DOL Home > OALJ Home > OFCCP Collection |
USDOL/OALJ Reporter Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210
ARB CASE NO. 97-054
In the Matter of:
OFFICE OF FEDERAL
v.
SOUTHERN FARM BUREAU
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
The Administrative Law Judge (ALJ) submitted a Recommended Decision and Order (R. D. & O.) in this case arising under Executive Order No. 11,246, 3 C.F.R. 339 (1964-65), reprinted as amended in 42 U.S.C. § 2000e note (1988), finding that Defendant did not discriminate against the complainant Monica Bolden when it failed to hire her in 1991 for the position of computer programmer. R. D. & O. at 32. Plaintiff, the Office of [Page 2] Federal Contract Compliance Programs, did not file exceptions to the ALJ's R. D. & O. 41 C.F.R. § 60-30.28 (1995).
The record in this case has been reviewed and it fully supports the ALJ's
conclusion that Defendant did not violate the Executive Order by discriminating against Ms.
Bolden when it filled four computer programmer positions in December 1991. R. D. & O. at
28-32.1 At most, the record shows that
Ms.
Bolden had qualifications generally similar to those of the applicants selected for the computer
programmer jobs, and there is no other evidence of discrimination. As the court held in
Chock v. Northwest Airlines, Inc. 113 F.3d 861, 864 (8th Cir. 1997), "a
comparison
that reveals that the plaintiff was only similarly qualified as the selected candidate would not
raise
an inference of racial discrimination."
Accordingly, the complaint in this case is DISMISSED.
SO ORDERED.
DAVID A. O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
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