UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CRISTIAN C. BROWN,
Civil Action No. 03-1376 (PLF)
KENNETH Y. TOMLINSON, Chairman,
Broadcasting Board of Governors,
This matter is before the Court on plaintiff’s motion to vacate and alter judgment
pursuant to Rule 59(e) of the Federal Rules of Civil Procedure on his employment discrimination
and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
Upon consideration of plaintiff’s motion, defendant’s opposition, plaintiff’s reply and the amicus
brief filed by the Metropolitan Washington Employment Lawyers Association by leave of the
Court, the Court grants plaintiff’s motion.
Plaintiff, an African-American male, is employed by defendant as an Internet
News Writer/Editor. Complaint (“Compl.”) ¶ 3. On July 2, 2001, plaintiff applied for a different
position within defendant’s agency, that of Assistant Internet Development Coordinator. Compl.
¶ 10. Applicants were ranked by General Schedule (“GS”) certificate level. Plaintiff’s
Opposition to Motion for Summary Judgment, Pl.’s Exh. 3, Second Affidavit of Cristian Craig
Case 1:03-cv-01376-PLF Document 46 Filed 11/17/2006 Page 1 of 9
BROWN v. TOMLINSON
Brown (“Sec. Brown Aff.”) at 2. Plaintiff alleges that although he is qualified for the position
and was promoted while his application was pending, he was not contacted for an interview.
Compl. ¶¶ 14, 15, 19. Plaintiff claims that when he attempted to schedule an interview, he did
not receive a reply for nearly a month and then was told that the position already had been filled.
See Sec. Brown Aff. at 2. A white female who was allegedly less experienced than plaintiff was
hired instead. Compl. ¶ 20.
On August 29, 2001, plaintiff applied for an Assistant Internet Design
Coordinator position, also at def