Reya C. BOYER-LIBERTO, Plaintiff-Appellant,
v.
FONTAINEBLEAU CORPORATION, trading as Clarion Resort Fontainebleau Hotel; Leonard P. Berger, Defendants-Appellees.
Equal Employment Opportunity Commission; Metropolitan Washington Employment Lawyers Association; Public Justice Center, Inc., Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 18, 2014.
Decided May 7, 2015.
Attorney(s) appearing for the Case
ARGUED: Robin Ringgold Cockey, Cockey, Brennan & Maloney, PC, Salisbury, Maryland, for Appellant. Harriet Ellen Cooperman, Saul Ewing LLP, Baltimore, Maryland, for Appellees. Paul D. Ramshaw, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus U.S. Equal Employment Opportunity Commission. ON BRIEF: Brett S. Covington, Saul Ewing LLP, Baltimore, Maryland, for Appellees. P. David Lopez, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, Jennifer S. Goldstein, Acting Assistant General Counsel, Office of General Counsel, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus U.S. Equal Employment Opportunity Commission. Stephen Z. Chertkof, Douglas B. Huron, Heller, Huron, Chertkof & Salzman PLLC, Washington, D.C.; Ilana Gelfman, Francis D. Murnaghan, Appellate Advocacy Fellow, Public Justice Center, Baltimore, Maryland, for Amici Metropolitan Washington Employment Lawyers Association and the Public Justice Center.
Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Chief Judge TRAXLER and Judges MOTZ, GREGORY, SHEDD, DUNCAN, KEENAN, WYNN, DIAZ, FLOYD, THACKER, and HARRIS joined. Judge WILKINSON wrote an opinion concurring in part and dissenting in part, in which Judge AGEE joined. Judge NIEMEYER wrote a dissenting opinion.
ON REHEARING EN BANC
KING, Circuit Judge:
Reya C. Boyer-Liberto, the African-American plaintiff in these civil rights proceedings, alleges that within a single twenty-four-hour period in September 2010, while working as a cocktail waitress at the Clarion Resort Fontainebleau Hotel in Ocean City, Maryland (the "Clarion"), she was...
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