United States DC Circuit

In Title VII action brought after plaintiff, an African-American female who worked as an attorney for the IRS, was terminated after being placed on absent without leave status, summary judgment for defendant employer is affirmed where, although absence from the workplace does not bar a hostile environment claim, plaintiff's hostile environment claim fails as she did not proffer admissible evidence of an incident that could have shown exhaustion of her administrative remedies. Plaintiff's race discrimination claims fail as she did not exhaust administrative remedies for her termination claim and did not proffer evidence sufficient to rebut defendant's legitimate, nondiscriminatory reasons for placing her on AWOL.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory S. Wagner argued the cause for appellant.   With him on the briefs were Elizabeth B. Sandza and Michael F. McBride.


• For Appellees:
  
• Andrea W. McBarnette, 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.