United States DC Circuit

District court erred in failing to find non-selection to be an adverse employment action, but plaintiff failed to rebut the government's legitimate, nondiscriminatory reason for not selecting him to become Chief of the Environmental Crimes Section.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard L. Swick argued the cause for appellant.   With him on the briefs was David H. Shapiro.  Heidi R. Burakiewicz entered an appearance.


• For Appellees:
  
• Anne M. Murphy, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Marleigh Dover, Special Counsel.