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FINDINGS OF FACT
Petitioners resided in Oakdale, California, at the time
their petition was filed in this case. Francis L. Remkiewicz
(petitioner), during August 1993, was employed by the Board of
the Lynwood School District as an assistant superintendent for
business services. Petitioner, who is Caucasian, was supervised
by an African American; the senior management staff was composed
exclusively of African Americans; and the school district board
was composed of a majority of African Americans. Petitioner
believed that he was being discriminated against, and he was
concerned that his employment could be terminated. Although he
believed himself to be qualified, he was given substandard
ratings, bypassed in his line of authority or command, and his
responsibilities were relegated to African American employees who
were subordinate to petitioner.
During April 1994, petitioner made a complaint about the
perceived discrimination to the U.S. Equal Employment Opportunity
Commission, which in turn referred the matter to the California
Department of Fair Employment and Housing, which in turn notified
petitioner’s school board. The school board notified petitioner
that they did not intend to reemploy him at the end of his 1-year
term and offered him an opportunity to address the board during
April 1994. Petitioner expected to be terminated from his
current position but hired an attorney for the purpose of
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