United States DC Circuit

In an action by an attorney at the Department of Housing and Urban Development (HUD) alleging that HUD retaliated against him in violation of Title VII by transferring him to a non-legal position and by declaring him absent without leave when he failed to report to his new job, summary judgment for defendant is affirmed in part where defendant reasonably concluded that approving plaintiff's leave under the circumstances would set a bad precedent for other employees. However, the judgment is reversed in part where: 1) a reasonable jury to question plaintiff's supervisor's credibility and therefore the legitimacy of HUD-s proffered reason for the transfer; and 2) a reasonable jury could conclude that the transfer qualified as an adverse employment action.

Appellate Information

• Decided 04/16/2010
• Published 04/16/2010

Judges

Court

• United States DC Circuit

Counsel