United States DC Circuit

In action for wrongful discharge, summary judgment for defendant is affirmed as to finding that plaintiff was not the victim of illegal retaliation and discrimination, however, summary judgment on hostile work environment claim is vacated, and decision that the Merit Systems Protection Board was not arbitrary and capricious is reversed where it failed to explain why plaintiff's refusal to sign a medical release form that did not protect her privacy interest was a firing offense.

Appellate Information

• Argued 03/14/2007
• Decided 07/06/2007
• Published 07/06/2007

Judges

• Before:  ROGERS, TATEL and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard L. Swick argued the cause for appellant.   With him on the briefs were David H. Shapiro and Ellen K. Renaud.


• For Appellees:
  
• Marian L. Borum, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.