Foote v. Moniz, No. 13-5093 (D.C. Cir. 2014)Annotate this Case
Plaintiff filed suit against the Department under Title VII after the Department refused to certify him under the Human Reliability Program. Plaintiff claimed that, in denying him certification, the Department relied on the psychological evaluation of a Department psychologist who allegedly recommended against certification because of plaintiff's race. The court concluded that the Department's decision to certify an applicant under the Human Reliability Program was the kind of judgment covered under Department of the Navy v. Egan. The court also concluded that the individual who performed the psychological evaluation of plaintiff was in the category of officials within the Department authorized and trained to make a judgment about plaintiff's suitability for certification. Therefore, the Department's decision not to certify plaintiff was unreviewable and the court affirmed the judgment of the district court.