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TALAVERA v. SHAH

No. 09-5373.

638 F.3d 303 (2011)

Carmen S. TALAVERA, Appellant v. Rajiv SHAH, Administrator, U.S. Agency for International Development, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Jonathan L. Gould argued the cause and filed the briefs for appellant.

John R. Ates and Alan R. Kabat were on the brief for amicus curiae Metropolitan Washington Employment Lawyers Association in support of appellant.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Jane M. Lyons, Assistant U.S. Attorney, entered an appearance.

Concurring opinion by Senior Judge SILBERMAN.

ROGERS, Circuit Judge:

Carmen Talavera, a former employee of the United States Agency for International Development ("USAID"), appeals the grant of summary judgment on her claims of gender discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Talavera contends that while employed by the Office of Security she was referred for an unwarranted mental health screening in retaliation for protected activity...

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