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MAKKY v. CHERTOFF

No. 07-3271.

541 F.3d 205 (2008)

Dr. Wagih H. MAKKY, Appellant v. Michael CHERTOFF, Secretary of the Department of Homeland Security, in his official capacity; Kip Hawley, Director, Transportation Security Administration, in his official capacity; Department of Homeland Security; Transportation Security Administration; Office of Personnel Management; Federal Bureau of Investigation.

United States Court of Appeals, Third Circuit.

Filed: August 7, 2008.

Attorney(s) appearing for the Case

Baher Azmy, Scott Michelman (Argued), Jason Brown, pursuant to L.A.R. 46.3(a), Scott Hovanyetz, pursuant to L.A.R. 46.3(a), Edward Barocas, ACLU of New Jersey, Newark, NJ, Arthur B. Spitzer, ACLU of the National Capital Area, Washington, D.C., Attorneys for Appellant.

Jeffrey Bucholtz, Acting Assistant Attorney General Christopher J. Christie, United States Attorney, Marleigh D. Dover, Esquire, Steven Y. Bressler, Esquire (Argued) Civil Division, United States Department of Justice, Washington, D.C., Alex Kriegsman, Esquire, Office of United States Attorney, Newark, NJ, Attorneys for Appellees.

Before: SLOVITER, BARRY and ROTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal requires us to decide, as an issue of first impression, whether a plaintiff's prima facie case in a mixed-motive Title VII employment discrimination action fails if it is irrefutable that plaintiff does not meet a necessary objective qualification for the job.1

I.

Factual Background and Procedural History

Appellant Dr. Wagih Makky emigrated...

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