United States Third Circuit

In a suit arising from the suspension and subsequent termination of a TSA employee whose position required a security clearance which had been denied, grants of a motion to dismiss in part and summary judgment for defendants in part are affirmed where: 1) in a mixed-motive employment discrimination case, a plaintiff who does not possess the objective baseline qualifications to do his or her job will not be entitled to avoid dismissal; and 2) the TSA gave plaintiff all the process he was due by releasing all the non-classified information requested in response to the denial of his security clearance.

Appellate Information

• Argued 06/25/2008
• Decided 08/07/2008
• Published 08/07/2008

Judges

• Before:  SLOVITER, BARRY and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Baher Azmy, Scott Michelman (Argued), Jason Brown, pursuant to L.A.R. 46.3(a), Scott Hovanyetz, pursuant to L.A.R. 46.3(a), Edward Barocas, ACLU of New Jersey, Newark, NJ, Arthur B. Spitzer, ACLU of the National Capital Area, Washington, D.C., Attorneys for Appellant.


• For Appellees:
  
• Jeffrey Bucholtz, Acting Assistant Attorney General Christopher J. Christie, United States Attorney, Marleigh D. Dover, Esquire, Steven Y. Bressler, Esquire (Argued) Civil Division, United States Department of Justice, Washington, D.C., Alex Kriegsman, Esquire, Office of United States Attorney, Newark, NJ, Attorneys for Appellees.