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United States DC Circuit


Weber v. Battista, 05-5309

In suit alleging employment discrimination and retaliation in violation of Title VII, summary judgment for defendant employer is reversed to the extent that the district court dismissed plaintiff's claims that: 1) defendant discriminatorily failed to select her for a higher position, which the court dismissed on the ground that plaintiff did not exhaust her administrative remedies; and 2) that certain performance evaluations, which allegedly caused her not to receive an award, were not materially adverse employment actions.

Appellate Information

  • Argued 01/09/2007
  • Decided 07/17/2007
  • Published 07/17/2007

Judges

  • Before:  GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Michael P. Deeds argued the cause and filed the briefs for appellant.

  • For Appellees:
  • Alan Burch, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan and Stratton C. Strand, Assistant U.S. Attorneys, entered appearances.
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