No. 10-1499.

649 F.3d 226 (2011)

Natalie R. DELLINGER, Plaintiff-Appellant, v. SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, Defendant-Appellee. Secretary of Labor; Equal Employment Opportunity Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 12, 2011.

Attorney(s) appearing for the Case

ARGUED: Zachary Alan Kitts , Cook, Kitts & Francuzenko, PLLC, Fairfax, Virginia, for Appellant. Dean Romhilt , United States Department of Labor, Washington, D.C., for Amici Supporting Appellant. Robert Sparks, Jr. , Sparks & Craig, LLP, McLean, Virginia, for Appellee. ON BRIEF: John J. Rigby , McInroy & Rigby, LLP, Arlington, Virginia, for Appellant. Robert L. Levin , Science Applications International Corporation, San Diego, California, for Appellee. P. David Lopez , General Counsel, Vincent J. Blackwood , Acting Associate General Counsel, Paul D. Ramshaw , Equal Employment Opportunity Commission, Washington, D.C.; M. Patricia Smith , Solicitor of Labor, William C. Lesser , Acting Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Melissa Murphy , United States Department of Labor, Washington, D.C., for Amici Supporting Appellant.

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


NIEMEYER, Circuit Judge:

Natalie Dellinger commenced this action under the Fair Labor Standards Act of 1938 ("FLSA") against Science Applications International Corporation which, she alleges, retaliated against her, in violation of the FLSA's anti-retaliation provision, 29 U.S.C. § 215(a)(3), by refusing to hire her after learning that she had sued her former employer under the FLSA.

The district court granted Science Applications' motion...

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