PONCE v. BILLINGTON

No. 11-5117.

679 F.3d 840 (2012)

Jorge PONCE, Appellant v. James H. BILLINGTON, Librarian, United States Library of Congress, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 2012.


Attorney(s) appearing for the Case

Michael J. Kator argued the cause and filed the briefs for appellant. Kerrie D. Riggs entered an appearance.

Yuval Rubinstein and Melvin Radowitz were on the brief as amici curiae AARP, et al., in support of appellant.

Michelle Lo , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Following trial, a jury rejected appellant's claim that the Library of Congress violated Title VII of the Civil Rights Act of 1964 when it selected someone else for an open position. Now seeking a new trial, appellant argues that the district court erred by instructing the jury that he had to prove that unlawful discrimination was the "sole reason" for his non selection. Although we agree that "sole reason" is not the correct standard, the jury...

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