United States DC Circuit

In a Title VII suit alleging creation of a hostile work environment and retaliation, summary judgment for defendant-Department of Agriculture is reversed where: 1) there was a genuine issue of material fact as to whether plaintiff's claims were time-barred; 2) the hostile-environment claim was improperly barred by adoption of an inappropriate timeliness rule; and 3) the wrong legal standard was applied to the retaliation claim.

Appellate Information

• Argued 10/05/2007
• Decided 08/01/2008
• Published 08/01/2008

Judges

• Before:  GARLAND and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• S. Micah Salb argued the cause for appellant.   With him on the briefs were Richard H. Semsker and Julie Glass Martin-Korb.


• 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.