Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. 2019)Annotate this Case
At the second prong of the McDonnell Douglas framework, an employer must proffer admissible evidence showing a legitimate, nondiscriminatory, clear, and reasonably specific explanation for its actions. Plaintiff filed suit alleging that one aspect of the Department's promotion process had a disparate impact on Hispanic and Latino candidates who applied for the position he sought, and that the Secretary in 2008 denied him a promotion because of his Hispanic ethnicity. The district court granted summary judgment in favor of the Secretary.
The DC Circuit affirmed in part and held that plaintiff's disparate impact claim lacked merit where there were no genuine issues of material fact and plaintiff failed to establish causation as a matter of law. However, the court held that the district court misapplied the second step of the McDonnell Douglas framework as to the disparate treatment claim by accepting the Department's vague reason for the denial of the promotion. In this case, none of the presented evidence sheds light on how the selection boards applied the core precepts to defendant's case. Accordingly, the court reversed in part, vacated the denial of plaintiff's cross-motion in part, and remanded for further proceedings.