United States DC Circuit

In a suit against the U.S. House Office of the Sergeant at Arms alleging racial discrimination, summary judgment for defendant is affirmed where: 1) in a Title VII disparate-treatment suit where an employee has suffered an adverse employment action and an employer has asserted a legitimate, non-discriminatory reason for the decision, the district court should not decide whether the plaintiff actually made out a prima facie case; and 2) plaintiff did not produce evidence sufficient for a reasonable jury to find that the employer's stated reason was not the actual reason and that the employer intentionally discriminated against plaintiff based on his race.

Appellate Information

• Argued 11/19/2007
• Decided 03/28/2008
• Published 03/28/2008

Judges

• Before:  GINSBURG and KAVANAUGH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lenore C. Garon argued the cause for appellant.   With her on the briefs were Joseph D. Gebhardt and Charles W. Day, Jr.


• For Appellees:
  
• Victoria L. Botvin, Attorney, Office of House Employment Counsel, argued the cause for appellee.   With her on the brief was Gloria J. Lett, Attorney, Office of House Employment Counsel.