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