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United States DC Circuit


Baloch v. Kempthorne, 07-5330

In a lawsuit where a government employee alleged discrimination, retaliation and hostile work environment, summary judgment in favor of the government is affirmed. Plaintiff failed to prove: 1) that reassignment of his duties constituted an adverse employment action; 2) that he suffered discrimination on account of his race, religion, age or disability; 3) that he suffered retaliation, because none of employer's actions (including poor performance reviews and profanity-laden outbursts) amounted to a "material adversity"; and 4) that employer's actions created a hostile work environment.

Appellate Information

  • Argued 10/23/2008
  • Decided 12/30/2008
  • Published 12/30/2008

Judges

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

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Robert C. Seldon argued the cause for appellant.   With him on the briefs was Molly E. Buie.

  • For Appellees:
  • Rhonda C. Fields, 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 and Michael J. Ryan, Assistant U.S. Attorneys.
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