Facts

In 2003, Ronald Pronechen, 56, unsuccessfully applied for two positions with the U.S. Dept. of Homeland Security. He applied for a physical security specialist position in San Diego and for a supervisory physical security specialist position in Phoenix. He had been a federal employee from 1973 until 2000, when he retired and had been a physical security specialist in Sacramento for 10 years prior to his retirement. He alleged that he was motivated to return to federal service following the events of 9/11.

After being rejected for the positions in San Diego and Phoenix, he filed an administrative claim, which was denied for being untimely. He then sued the Department alleging discrimination based on his age under the Age Discrimination in Employment Act.

DEFENDANT'S CONTENTIONS:
The defense argued that the claims were time-barred and it had legitimate, non-discriminatory reasons for selecting people other than Pronechen for the jobs.

Damages

Pronechen sought equitable reinstatement into the San Diego and/or the Phoenix job, and associated back pay and benefits. Alternatively, he sought to recover both back pay and front pay.

Result

A bench trial resulted in favor of the defense. The court found Pronechen's claim was time-barred and that defendant had legitimate non-discriminatory reasons for not selecting Pronechen for the jobs. Further, Pronechen failed to carry the burden of showing that the agency's reasons were pretextual and the true reason for the non-selections was age discrimination.