United States DC Circuit

In a sex and age discrimination action, summary judgment for defendant is reversed where: 1) defendant failed to carry its burden to show that plaintiff did not timely contact an EEO counselor and thus did not exhaust his administrative remedies; and 2) plaintiff did not fail to respond to defendant's exhaustion argument.

Appellate Information

• Argued 11/17/2009
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David A. Young argued the cause for the appellant. Carl S. Nadler was on brief.


• For Appellees:
  
• Brian P. Hudak, Assistant United States Attorney, argued the cause for the appellee. R. Craig Lawrence, Assistant United States Attorney, was on brief.