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Harris v. Department of the Army

U.S. District Court for the District of Maryland, Case No. 1:18-cv-03562

Plaintiff Napoleon Harris was a probationary employee of the Department of the Army.  He had no record of discipline until he contacted an EEO counselor to report his supervisor for discrimination.  Less than one month later, the Army terminated Harris’ employee for poor performance and time and attendance violations.

We filed a lawsuit in U.S. District Court for the District of Maryland, alleging retaliation in violation of Title VII of the Civil Rights Act of 1963.  After completing discovery in the case, the Army filed a Motion for Summary Judgment, asking the Court to enter judgment against Harris without a trial.  We filed an opposition, arguing that, based on the evidence, a jury could find that the Army fired Harris because he engaged in protected EEO activity, and not based on his performance or conduct.

Chief Judge James K. Bredar agreed with our arguments and denied the Army’s Motion.  The case will be scheduled for a jury trial.

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