United States DC Circuit

Summary judgment for defendant-employer, an agency, in a race and age employment discrimination case brought under Title VII and the Age Discrimination in Employment Act (ADEA) is reversed where the district court erred in finding that plaintiff's claim necessarily failed because she did not contest an assertion that the position she sought to be promoted to was never filled.

Appellate Information

• Argued 02/03/2006
• Decided 03/17/2006
• Published 03/20/2006

Judges

• Before:  SENTELLE, HENDERSON, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David H. Shapiro argued the cause for appellant.   With him on the briefs was Richard L. Swick.


• For Appellees:
  
• Alan Burch, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.  Jaclyn C. Taner, Counsel, Federal Deposit Insurance Corporation, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.