Stephen B. Pershing , Reston, VA, and Carolyn L. Wheeler , Washington, DC, were on the brief for amicus curiae Metropolitan Washington Employment Lawyers Association in support of appellant.
Caroline S. Van Zile , Principal Deputy Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With her on the brief were Karl A. Racine , Attorney General, Loren L. AliKhan , Solicitor General, at the time the brief was filed, Holly M. Johnson , Senior Assistant Attorney General, and Megan D. Browder , Assistant Attorney General.
Zachary C. Schauf , Washington, DC, appointed by the court, argued the cause and filed the brief as amicus curiae.
Dissenting opinion by Circuit Judge Katsas, with whom Circuit Judges Henderson and Rao join.
Tatel, Circuit Judge, and Ginsburg, Senior Circuit Judge:
In 1999, our court ruled in Brown v. Brody that the denial or forced acceptance of a job transfer is actionable under Title VII of the Civil Rights Act of 1964 only if the employee suffered "objectively tangible harm." 199 F.3d 446, 457...
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