Kloeckner v. Solis

133 S. Ct. 596, 184 L. Ed. 2d 317, 568 U.S. 41, 2012 U.S. LEXIS 9420
Supreme Court of the United States·Decided December 10, 2012·No. 11-184·Published·Cited by 287 cases

Opinion

Justice Kagan

delivered the opinion of the Court.

A federal employee subjected to an adverse personnel action such as a discharge or demotion may appeal her agency’s decision to the Merit Systems Protection Board (MSPB or Board). See 5 U. S. C. §§ 7512, 7701. In that challenge, the employee may claim, among other things, that the agency *44 discriminated against her in violation of a federal statute. See § 7702(a)(1). The question presented in this case arises when the MSPB dismisses an appeal alleging discrimination not on the merits, but on procedural grounds. Should an employee seeking judicial review then file a petition in the Court of Appeals for the Federal Circuit, or instead bring a suit in district court under the applicable antidiscrimination law? We hold she should go to district court.

I

A

The Civil Service Reform Act of 1978 (CSRA), 5 U. S. C. § 1101 et seq., establishes a framework for evaluating personnel actions taken against federal employees. That statutory framework provides graduated procedural protections depending on an action’s severity. If (but only if) the action is particularly serious—involving, for example, a removal from employment or a reduction in grade or pay—the affected employee has a right to appeal the agency’s decision to the MSPB, an independent adjudicator of federal employment disputes. 1 See §§1204, 7512, 7701. Such an appeal may' merely allege that the agency had insufficient cause for taking the action under the CSRA; but the appeal may also or instead charge the agency with discrimination prohibited by another federal statute, such as Title VII of the Civil Rights Act of 1964,42 U. S. C. §2000e et seq., or the Age Discrimination in Employment Act of 1967,29 U. S. C. § 621 et seq. See 5 U. S. C. § 7702(a)(1). When an employee complains of a personnel action serious enough to appeal to the MSPB and alleges that the action was based on discrimination, she is said (by pertinent regulation) to have brought a “mixed case.” See 29 CFR § 1614.302 (2012). The CSRA and regu *45 lations of the MSPB and Equal Employment Opportunity-Commission (EEOC) set out special procedures to govern such a case—different from those used when the employee either challenges a serious personnel action under the CSRA alone or attacks a less serious action as discriminatory. See 5 U. S. C. §§7702, 7703(b)(2) (2006 ed. and Supp. V); 5 CFR pt. 1201, subpt. E (2012); 29 CFR pt. 1614, subpt. C.

A federal employee bringing a mixed case may proceed in a variety of ways. She may first file a discrimination complaint with the agency itself, much as an employee challenging a personnel practice not appealable to the MSPB could do. See 5 CFR § 1201.154(a); 29 CFR § 1614.302(b). If the agency decides against her, the employee may then either take the matter to the MSPB or bypass further administrative review by suing the agency in district court. See 5 CFR § 1201.154(b); 29 CFR § 1614.302(d)(l)(i). Alternatively, the employee may initiate the process by bringing her case directly to the MSPB, forgoing the agency’s own system for evaluating discrimination charges. See 5 CFR § 1201.154(a); 29 CFR § 1614.302(b). If the MSPB upholds the personnel action (whether in the first instance or after the agency has done so), the employee again has a choice: She may request additional administrative process, this time with the EEOC, or else she may seek judicial review. See 5 U.S.C. §§7702(a)(3), (b); 5 CFR §1201.161; 29 CFR §1614.303. The question in this case concerns where that judicial review should take place.

Section 7703 of the CSRA governs judicial review of the MSPB’s decisions. Section 7703(b)(1) gives the basic rule: “Except as provided in paragraph (2) of this subsection, a petition to review a . . . final decision of the Board shall be filed in the United States Court of Appeals for the Federal Circuit.” Section 7703(b)(2) then spells out the exception:

“Cases of discrimination subject to the provisions of section 7702 of this title shall be filed under [the enforcement sections of the Civil Rights Act, Age Discrimina *46 tion in Employment Act, and Fair Labor Standards Act], as applicable. Notwithstanding any other provision of law, any such case filed under any such section must be filed within 30 days after the date the individual filing the case received notice of the judicially reviewable action under such section 7702.”

The enforcement provisions of the antidiscrimination statutes listed in this exception all authorize suit in federal district court. See 42 U. S. C. §§2000e-16(c), 2000e-5(f); 29 U. S. C. § 633a(c); § 216(b); see also Elgin v. Department of Treasury, 567 U. S. 1, 13 (2012).

Section 7702 describes and provides for the “cases of discrimination” referenced in § 7703(b)(2)’s exception. In relevant part, § 7702(a)(1) states:

“[I]n the case of any employee . . . who—
“(A) has been affected by an action which the employee .. . may appeal to the Merit Systems Protection Board, and
“(B) alleges that a basis for the action was discrimination prohibited by [specified antidiscrimination statutes],
“the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board’s appellate procedures.”

Free access — add to your briefcase to read the full text and ask questions with AI

Kloeckner v. Solis, 133 S. Ct. 596, 184 L. Ed. 2d 317, 568 U.S. 41, 2012 U.S. LEXIS 9420 (U.S. 2012).

133 S. Ct. 596 (Kloeckner v. Solis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Scott v. MSPB
Federal Circuit, 2023
Feds for Medical Freedom v. Biden
63 F.4th 366 (Fifth Circuit, 2023)
Brown v. Regan
District of Columbia, 2022
Assaad v. Carson
District of Columbia, 2022
Akerman v. Austin
E.D. Virginia, 2022
Clark v. Benton
E.D. Virginia, 2021
Baca v. Department of Army
973 F.3d 1140 (Tenth Circuit, 2020)
Brandon v. Guilford Cnty. Bd. of Elections
921 F.3d 194 (Fourth Circuit, 2019)
Robert Young v. Megan Brennan
Seventh Circuit, 2018
Gilliard v. Gruenberg
District of Columbia, 2018
Brookens v. Department of Labor
District of Columbia, 2018
Parkinson v. Department of Justice
874 F.3d 710 (Federal Circuit, 2017)
Lindeen v. Securities & Exchange Commission
825 F.3d 646 (D.C. Circuit, 2016)