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FIGUEROA v. POMPEO

No. 18-5064.

923 F.3d 1078 (2019)

Richard A. FIGUEROA, Appellant v. Michael R. POMPEO, Secretary, U.S. Department of State, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2019.

Attorney(s) appearing for the Case

Amelia Frenkel , appointed by the Court, argued the cause as amicus curiae in support of Appellant. With her on the briefs was James Rosenthal , Washington, DC.

Richard A. Figueroa, Pro se, filed the briefs for Appellant.

Daniel P. Schaefer , Assistant U.S. Attorney, argued the cause for Appellee. With him on the brief were Jessie K. Liu , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Before: Henderson and Wilkins, Circuit Judges, and Edwards, Senior Circuit Judge.

A worker challenging employment discrimination often must demonstrate her employer's illegal intent. That is not easy. Employers ordinarily are not so daft as to create or keep direct evidence of discriminatory purpose.

Decades ago, the Supreme Court devised a three-step process to help the employee make her case...

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