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CHAPPELL-JOHNSON v. POWELL

No. 04-5426.

440 F.3d 484 (2005)

Dorothy CHAPPELL-JOHNSON, Appellant v. Donald E. POWELL, Chairman, Federal Deposit Insurance Corporation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 2006.

Attorney(s) appearing for the Case

David H. Shapiro argued the cause for appellant. With him on the briefs was Richard L. Swick.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. Jaclyn C. Taner, Counsel, Federal Deposit Insurance Corporation, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Before: SENTELLE, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Appellant, an African American woman in her fifties, claims that her employer facilitated promotions for non-African American and younger employees, but not for her. Because the position to which appellant sought to be promoted was never filled, the district court, allowing appellant no opportunity for discovery, concluded that she had failed...

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