Hannon

MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND THE COMPLAINT

I. Introduction and Background

This is an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Plaintiff T. Patrick Hannon complains that he was passed over for an administrative law judge (“ALJ”) position in the Social Security Administration (“SSA”) because he is a white male.

Presently before the Court are the parties’ cross-motions for summary judgment, and Hannon’s motion for leave to amend his Complaint so as to assert a claim for violation of the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq. Having considered all matters of record, the cross-motions for summary judgment are granted in part and denied in part, and Hannon’s motion for leave to amend is denied.

II. Undisputed Facts

A. Application for ALJ Position

Plaintiff Hannon is a white male who sought an administrative law judge position with the SSA. In March 1993 the Office of Hearing and Appeals (“OHA”), within the SSA, submitted a request for ALJ candidates to the Office…