Jones v. Bernanke

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this employment discrimination case, the district court, finding that the employee had failed to make out a prima facie case of either discrimination or retaliation, granted summary judgment to the employ er. We affirm as to the discrimination claims on the alternative ground that they were not properly before the district court. But we reverse and remand as to the retaliation claims. Given that the employer asserted its legitimate, non-retaliatory explanation, our precedent required the district court to abandon its…