In a disability discrimination action alleging that defendant transit authority's refusal to promote plaintiff was the consequence of discrimination and retaliation, summary judgment for defendant is affirmed where defendant came forward with a legitimate, nondiscriminatory and nonretaliatory reason for refusing to promote plaintiff to positions that required driving: to wit, the provision of a prior settlement agreement stating that "under no circumstance will plaintiff be permitted to operate an authority vehicle."
Argued September 15, 2009
Decided November 10, 2009
Opinion by Judge Garland
Eric L. Siegel and Neil L. Henrichsen, Washington, DC
Bruce P. Heppen, Carol B. O'Keeffe, Mark F. Sullivan, Deputy General Counsel, Washington Metropolitan Area Transit Authority, Washington, DC