United States DC Circuit

In an action alleging various acts of retaliation and race and sex discrimination by plaintiff's employer, the United States Agency for International Development, summary judgment for defendant is affirmed in part where: 1) plaintiff failed to rebut defendant's legitimate reasons for not promoting him to two positions; 2) res judicata barred certain of plaintiff's claims; and 3) defendant's allegedly retaliatory performance assessment did not constitute a materially adverse employment action. However, the judgment is reversed in part where: 1) a reasonable juror could conclude that plaintiff was substantially more qualified for the position of Deputy Chief in defendant's Personnel Operations Division than the person selected to fill it; and 2) defendant's unfavorable interim performance assessment of plaintiff was a materially adverse employment action.

Appellate Information

• Argued 02/18/2010
• Decided 06/01/2010
• Published 06/01/2010

Judges

• Before HENDERSON, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anne E. Langford argued the cause for the appellant. David J. Cynamon, Thomas G. Allen, Susan E. Huhta and Gerard M. Babendreier, were on brief.


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