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Brian D. Grigsby v. Raylahood, Secretary of the United States Department of Transportation

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ARGUED SEPTEMBER 17, 2010-

Before POSNER, KANNE, and WOOD, Circuit Judges.

After discovering that his job as an Air Traffic Controller at one of the Federal Aviation Administration’s (FAA’s) automated service stations was set to be eliminated in a reduction in force, Brian Grigsby applied for several vacant positions with the FAA at its Indianapolis Center. The FAA’s Human Re- sources department conducted a cursory review of Grigsby’s application and rated him as qualified for each post. Grigsby was then interviewed, but was not selected for any of the vacancies by the hiring official. Grigsby subsequently brought an employment discrimination suit against the Secretary of the United States Department of Transportation, claiming that the FAA failed to select him due to his Native American heritage. The district court granted summary judgment in favor of the Department of Transportation, holding that Grigsby failed to establish a prima facie case of discrimination and did not offer sufficient evidence to proceed under a mixed-motive theory. Because Grigsby was not qualified for each of the four positions, we affirm.

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