Kalra V. Secretary

The Plaintiff/Appellant, Om Parkash Kalra (appellant), is a U.S. citizen of Indian national origin. At all times relevant to this action, appellant has been over 40 years of age. On December 23, 1985, appellant was notified of an opening for a research structural engineer at the Earthquake Office of the U.S. Geological Survey in Menlo Park, California. Appellant timely returned an Availability Statement indicating he was available for the job. About a month later, appellant received a letter from appellee, U.S. Department of the Interior, informing him that he did not get the position. A February 28, 1986 letter from the appellee informed appellant that Erdal Safak, Ph.D., had been selected. At the time, Safak was not a U.S. citizen and was under 40 years of age.