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FORD v. MABUS

No. 09-5041.

629 F.3d 198 (2010)

Richard T. FORD, Appellant v. Raymond Edwin MABUS, Jr., Secretary of the Navy, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 2010.

Attorney(s) appearing for the Case

Michael G. Kane argued the cause for appellant. With him on the briefs was David R. Cashdan .

Daniel B. Kohrman and Melvin Radowitz were on the brief for amicus curiae AARP in support of appellant.

Christian A. Natiello , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion concurring in the judgment filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

Appellant, a federal government employee, alleges discrimination on the basis of age in violation of section 633a of the Age Discrimination in Employment Act (ADEA). The district court applied the McDonnell Douglas framework and found that appellant had failed to meet his ultimate burden of proving that age was the but-for cause of the challenged action. Seeing error in neither the district court's fact-findings nor its evidentiary rulings...

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