America v. Mills

The district court’s unchallenged findings of fact are incompatible with its conclusion that the Small Business Administration did not materially breach its settlement agreement with Richard America. Therefore, I respectfully dissent.

To get America to drop his discrimination and retaliation claims, SBA agreed to refer “all inquiries from prospective employers” to Human Resources. The purpose of this agreement was, the district court found, “to ensure that the SBA provided only neutral references.” America v. Mills, 714 F.Supp.2d 88, 101 (D.D.C. 2010). An SBA employee therefore materially…