Kersey v. Wash. Metro. Area Trans. Auth., No. 08-7040
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."
Read Kersey v. Wash. Metro. Area Trans. Auth., No. 08-7040
Appellate Information
Argued September 15, 2009
Decided November 10, 2009
Judges
Opinion by Judge Garland
Counsel
For Appellant:
Eric L. Siegel and Neil L. Henrichsen, Washington, DC
For Appellee:
Bruce P. Heppen, Carol B. O'Keeffe, Mark F. Sullivan, Deputy General Counsel, Washington Metropolitan Area Transit Authority, Washington, DC