Tag Archives: Title VII

Divided Panel OKs Retaliation Suit for Security Risk Reporting (Again) Over Call for Full Court Rehearing

After the unusual decision to grant panel rehearing in September, a divided D.C. Circuit panel issued a second set of opinions in Rattigan v. Holder [pdf].  But the original separation of powers disagreement proved intractable, and both sides ended up close to where they started.   Continue reading


Title VII Plaintiff Need Not Prove Discrimination Was “Sole Reason” for Adverse Employment Action

The D.C. Circuit took a self-contradictory jury instruction as an occasion to clarify that a Title VII plaintiff can prevail on a pretext claim by proving discrimination was a but-for cause of the adverse employment action.  He does not have to prove it was the sole cause to recover damages. Continue reading

Title VII Appellant Prevails After Allegedly Superior Interviewee Flubs Her Deposition

If your excuse for passing over an experienced minority job applicant is the superior communication skills of the relatively inexperienced non-minority applicant you hired instead, make sure she doesn’t clam up at her deposition.   Continue reading

D.C. Circuit Grants Panel Rehearing in FBI Title VII Case Based on Retaliatory Security-Clearance Reporting

In a rare move, a three-judge panel of the D.C. Circuit granted the Government’s petition for rehearing in Rattigan v. Holder, No. 10-5014, 643 F.3d 975 (D.C. Cir. 2011) (Tatel, J.) on Tuesday. Continue reading