JORDAN v. ALTERNATIVE RESOURCES CORP.

No. 05-1485.

458 F.3d 332 (2006)

Robert L. JORDAN, Plaintiff-Appellant, v. ALTERNATIVE RESOURCES CORPORATION; International Business Machines Corporation, Defendants-Appellees. The Metropolitan Washington Employment Lawyers Association; Public Justice Center; Equal Employment Opportunity Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 2006.

Decided on Rehearing August 14, 2006.


Attorney(s) appearing for the Case

ARGUED: Stephen Zak Chertkof, Heller, Huron, Chertkof, Lerner, Simon & Salzman, P.L.L.C., Washington, D.C., for Appellant. Paul D. Ramshaw, United States Equal Employment Opportunity Commission, Appellate Services, Washington, D.C., for Equal Employment Opportunity Commission, Amicus Supporting Appellant. William C. Sammons, Tydings & Rosenberg, Baltimore, Maryland, for Appellees. ON BRIEF: Douglas B. Huron, Tammany M. Kramer, Heller, Huron, Chertkof, Lerner, Simon & Salzman, P.L.L.C., Washington, D.C., for Appellant. Marc R. Jacobs, Seyfarth Shaw, L.L.P., Chicago, Illinois, for Appellee Alternative Resources Corporation; J. Hardin Marion, Melvina C. Ford, Tydings & Rosenberg, Baltimore, Maryland, for Appellee International Business Machines Corporation. R. Scott Oswald, Employment Law Group, P.L.L.C., Washington, D.C., for The Metropolitan Washington Employment Lawyers Association and Public Justice Center, Amici Supporting Appellant. Eric S. Dreiband, General Counsel, James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, United States Equal Employment Opportunity Commission, Washington, D.C., for Equal Employment Opportunity Commission, Amicus Supporting Appellant.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WIDENER joined. Judge KING wrote a dissenting opinion.

NIEMEYER, Circuit Judge.

When the news broke in October 2002 that police in Montgomery County, Maryland, had captured two black men suspected of being the snipers who had randomly shot 13 individuals, killing 10, in separate incidents over a period of weeks in Maryland, Virginia, and the District of Columbia, an IBM...

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