United States DC Circuit

Employer's later withdrawal of job requirement for promotion is insufficient to establish pretext in age discrimination case alleging failure to promote where the later promotion decisions occurred under different decision makers using different procedures, having different priorities, and considering different performance evaluations.

Appellate Information

• Decided 11/16/2001
• Published 11/16/2001

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen Z. Chertkof argued the cause for appellant.   With him on the briefs was Douglas B. Huron.


• For Appellees:
  
• Diane M. Sullivan, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Christine Nicholson, Assistant General Counsel, Smithsonian Institution.