KENNEDY v. BOWSER

Attorney(s) appearing for the Case

Richard T. Seymour , Washington, DC, and Shannon C. Leary , Silver Spring, MD, argued the cause for the appellant. Gary M. Gilbert , Silver Spring, MD, was on the briefs.

P. David Lopez , General Counsel, Equal Employment Opportunity Commission, Jennifer S. Goldstein , Associate General Counsel, Lorraine C. Davis , Assistant General Counsel, and Philip M. Kovnat , Attorney, were on the brief for amicus curiae Equal Employment Opportunity Commission in support of the appellant.

Stacy L. Anderson , Senior Assistant Attorney General, Office of the Solicitor General, argued the cause for the appellees. Karl A. Racine , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Loren L. AliKhan , Deputy Solicitor General, were with her on the brief.

Concurring opinion filed by Circuit Judge Griffith.