WALDEN v. CENTERS FOR DISEASE CONTROL & PREVENTION
669 F.3d 1277 (2012)
Marcia WALDEN, Plaintiff-Appellant,
CENTERS FOR DISEASE CONTROL AND PREVENTION, Computer Sciences Corporation, Christie Zerbe, Centers for Disease Control and Prevention Project Officer for Occupational Health and Preventive Services, in her individual and official capacities, L. Casey Chosewood, Director of the Office of Health and Safety at the Centers for Disease Control and Prevention, in his individual and official capacities, Defendants-Appellees,
John Doe, Centers for Disease Control and Prevention Official, in his individual and official capacities, Defendant.
United States Court of Appeals, Eleventh Circuit.
February 7, 2012.
Brian W. Raum, Benjamin W. Bull, James A. Campbell, Alliance Defense Fund, Scottsdale, AZ, David Andrew Cortman, Alliance Defense Fund, Lawrenceville, GA, Jonathan D. Crumly, Sr., Little, Crumly & Chambliss, LLP, Marietta, GA, for Plaintiff-Appellant.
Matthew M. Collette, Marleigh D. Dover, U.S. Dept. of Justice-Consumer Protection Branch, Marcia Berman, U.S. Dept. of Justice, Washington, DC, Aileen Bell Hughes, Sharon Douglas Stokes, Jeffrey A. Schwartz, Melanie S. Lastrapes, Jackson Lewis, LLP, Atlanta, GA, for Defendants-Appellees.
Before TJOFLAT, WILSON and SEYMOUR,* Circuit Judges.
Marcia Walden brought this action against Computer Sciences Corporation ("CSC"), the Centers for Disease Control and Prevention ("CDC"), and two CDC employees, Dr. Casey Chosewood and Christie Zerbe. Ms. Walden alleged that all defendants violated her free exercise rights under the First Amendment and the Religious Freedom Restoration Act of 1993 ("RFRA"), 42 U.S.C. § 2000bb et seq. She also alleged that CSC violated her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court granted summary judgment in favor of all defendants on all claims. We affirm.I.
CDC is a federal agency based in Atlanta, Georgia, where it has over 6,000 employees. It maintains an Employee Assistance Program ("EAP"), which provides health and wellness services to its employees.
At all times relevant to this litigation, CSC administered CDC's EAP pursuant to a contract. CSC managed and staffed the CDC clinics located in Atlanta, but CDC's approval was required for all EAP counselor positions. Under the EAP contract, CDC could request the immediate removal of an EAP employee from the program. Specifically, the contract stated:
The Contracting Officer may ... require the Contractor to immediately remove any contract employee from the on-site facility should it be determined that the individual who is being assigned to duty has been disqualified for suitability reasons, or who is found to be unfit for performing duties during their tour(s) of duty.
Rec., doc. 85-6 at 59.