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Crockett v. Abraham

Governmental employer cancelled hiring process for legitimate, nondiscriminatory reason where every applicant was unqualified, and thus age discrimination plaintiff had no claim for retaliatory failure to promote.

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Argued February 7, 2002

Don W. Crockett sued the Department of Energy in district court, claiming that the Department of Energy’s failure to promote him to Assistant General Counsel for Contractor Litigation in 1997, and again in 1999, violated the Age Discrimination in Employment Act, 29 U.S.C. ss 621-634. The district court rejected his claims and Crockett appeals. We affirm.

In August 1996 the Department of Energy announced a vacancy for the post of Assistant General Counsel for Contractor Litigation, a position in the Senior Executive Service. Crockett applied. At the time he was 58 years old and an 18-year veteran of the Department, and had served from 1987-1995 as director of the Judicial Litigation Division of the Economic Regulatory Administration. There he had handled and supervised the Department’s price control litigation.

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