Chappell-Johnson v. Powell

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Appellant, an African American woman in her fifties, claims that her employer facilitated promotions for non-African American and younger employees, but not for her. Because the position to which appellant sought to be promoted was never filled, the district court, allowing appellant no opportunity for discovery, concluded that she had failed to meet her prima facie burden and granted summary judgment to the employer. But given the flexible nature of the prima facie burden, appellant may, depending upon what she uncovers…