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Burke v. Gould

Local rule did not oblige district court to enter summary judgment for employer after employment discrimination plaintiff failed to identify disputed material facts in response to employer's motion for summary judgment.

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Argued February 19, 2002

Kenneth M. Burke appeals the grant of summary judgment to the National Labor Relations Board in his reverse discrimination and retaliation case, on the principal ground that the district court failed to draw all reasonable inferences in his favor and instead made factual findings on disputed issues. In suing the Board for violations of Title VII, 42 U.S.C. s 2000e et seq., as well as s 1981, Burke challenged his performance evaluations for 1996 and 1997, the removal of his supervisory responsibilities in January 1997, and his non-selection for the position of Deputy Chief of the Information Technology Branch in November 1997. We affirm the grant of summary judgment on Burke’s discrimination claims and reverse the grant of summary judgment on two of his retaliation claims.

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