United States DC Circuit

In a claim brought under the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed where: 1) evidence of comparative qualifications did not raise an inference of discrimination since plaintiff was not more qualified than the other people hired; 2) a reasonable jury would not find evidence of discrimination in the fact that defendant re-opened the job search in order to find better candidates; and 3) there was no discriminatory animus in asking plaintiff how he communicated in offices where no one knew sign language since the ADA permits pre-employment questions into the ability of the applicant to perform job-related functions.

Appellate Information

• Argued 04/10/2008
• Decided 05/16/2008
• Published 05/16/2008

Judges

• Before:  GRIFFITH and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Leah M. Quadrino argued the cause for appellant.   With her on the briefs was Steven Reed.


• For Appellees:
  
• Mary T. Connelly, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee.   With her on the brief were Peter J. Nickles, Interim Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.   Edward E. Schwab, Deputy Attorney General, entered an appearance.