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BARNETTE v. CHERTOFF

No. 04-5443.

453 F.3d 513 (2006)

Margaret A. BARNETTE, Appellant v. Michael CHERTOFF, Secretary of the Department of Homeland Security, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2006.

Attorney(s) appearing for the Case

Charles W. Day, Jr. argued the cause for appellant. With him on the briefs was Joseph D. Gebhardt.

Peter D. Blumberg, 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. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: ROGERS, TATEL, and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Passed over for promotion, appellant, an African American woman in her fifties, claims that her employing agency discriminated against her on the basis of race and age when it selected a younger, white woman for the position she sought. After full discovery, the district court, finding appellant had failed to plead facts sufficient to refute...

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