Mayorga v. Merdon, No. 18-5045 (D.C. Cir. 2019)Annotate this Case
Plaintiff filed suit against the the Acting Architect of the Capitol (AOC), in her official capacity, alleging that the selecting officials at the AOC denied him a promotion on the basis of his race and national origin in violation of Title VII of the Civil Rights Act of 1964.
The DC Circuit vacated the district court's grant of summary judgment to the AOC, holding that a jury reasonably could find the panelists did not select plaintiff for promotion because of his race or national origin. Because plaintiff argued his case as a single-motive claim and at oral argument forfeited any potential mixed-motive claim he could have made, he bears the burden of showing the alleged animus was a but-for cause of the decision not to promote him. Therefore, the court remanded for trial where plaintiff will bear the typical burden in this single-motive case to establish that he would have been selected for the promotion but for the alleged improper motive.