DICOCCO v. GARLAND

No. 20-1342.

18 F.4th 406 (2021)

Jane D. DICOCCO, MD, Plaintiff-Appellant, v. Merrick B. GARLAND, Attorney General, United States Department of Justice, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2021.


Attorney(s) appearing for the Case

ARGUED: Jay J. Levit , LAW OFFICE OF JAY J. LEVIT, Glen Allen, Virginia, for Appellant. Jonathan Tyler Lucier , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Scott G. Crowley, Sr. , CROWLEY & CROWLEY, P.C., Glen Allen, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge WILKINSON joined. Judge FLOYD wrote an opinion concurring in part and dissenting in part.


Dr. Jane DiCocco brought Title VII and Age Discrimination in Employment Act ("ADEA") claims against the U.S. Attorney General because she failed an allegedly discriminatory physical-fitness test that was a condition of her federal employment and was told to either retake the test, resign, or be fired. She resigned. The...

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