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Forman v. Small

Summary judgment in favor of defendant affirmed with regard to claim of age discrimination but reversed with regard to claim of retaliation; plaintiff failed to present a prima facie case of age discrimination but did produce sufficient evidence to establish a prima facie case of retaliation.

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Argued September 7, 2001

Opinion for the Court filed by Circuit Judge Rogers.

Paul Forman appeals the grant of summary judgment to the Smithsonian Institution on his claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. s 633a (1994 & Supp. V 1999). He contends that he established a prima facie case on each of his claims and rebutted the Smithsonian’s stated explanations for its actions. We affirm the judgment on his claims of discrimination with regard to his 1991 and 1995 promotions, but we reverse as to his claim of retaliation with regard to his 1995 promotion.

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