United States DC Circuit

In a disability discrimination action alleging that defendant transit authority's refusal to promote plaintiff was the consequence of discrimination and retaliation, summary judgment for defendant is affirmed where defendant came forward with a legitimate, nondiscriminatory and nonretaliatory reason for refusing to promote plaintiff to positions that required driving: to wit, the provision of a prior settlement agreement stating that "under no circumstance will plaintiff be permitted to operate an authority vehicle."

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• Before:  HENDERSON and GARLAND, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eric L. Siegel argued the cause for appellant.   With him on the briefs was Neil L. Henrichsen.


• For Appellees:
  
• Bruce P. Heppen, Deputy General Counsel, Washington Metropolitan Area Transit Authority, argued the cause for appellee.   With him on the brief were Carol B. O'Keeffe, General Counsel, Mark F. Sullivan, Deputy General Counsel, Gerard J. Stief, Senior Associate General Counsel, and David J. Shaffer, Associate General Counsel.  Sonia A. Bacchus and Robert J. Kniaz, Counsel, entered appearances.