·      In order to establish a prima facie age discrimination claim under CSR 3-12, appellant must show: 1) he was a member of the protected age group; 2) he was capable of performing the job for which he applied; 3) a younger person was chosen; and 4) evidence exists from which a reasonable fact-finder might conclude the employer intended to discriminate in the choice of candidates. The burden then shifts to the agency to provide a legitimate, non-discriminatory explanation for choosing the younger person. In re Macieyovski, CSA 60-04, 4 (7/27/05), citing Carter v. Newman Mem. County Hospital, 49 Fed. Appx. 243 (10 Cir. 2002) (decided under the former §3-12) 

·       Where appellant’s claim of age discrimination under CSR 3-12 consisted of his belief that he had been a victim of discrimination, there is no evidence upon which to find that a prima facie case had been established. In re Macieyovski, CSA 60-04, 4 (7/27/05) (decided under the former §3-12)

 3-37: Request for review   

·      Applicant disqualified from competing for a position may request reconsideration of the decision.  In re Connors, CSA 35-06, 2 (8/9/06) (decided under former §3-42).

3-42:  Re-instatement List

·       Since agency is not required to place appellant’s name on reinstatement list until after the date of her layoff, her claim that the agency failed to do so prior to layoff must be dismissed without prejudice as premature. In re Frazier, CSA 24-08, 3 (4/30/08).