In a sex and age discrimination action, summary judgment for defendant is reversed where: 1) defendant failed to carry its burden to show that plaintiff did not timely contact an EEO counselor and thus did not exhaust his administrative remedies; and 2) plaintiff did not fail to respond to defendant's exhaustion argument.
Argued November 17, 2009
Decided February 5, 2010
Opinion by Judge Henderson
Brian P. Hudak and R. Craig Lawrence, Assistant United States Attorneys, Washington, DC