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Civil Service Reform Act

Kloeckner v. Solis (11-184)

Oral argument: 
October 2, 2012

In 2005, Carolyn M. Kloeckner (“Kloeckner”) left her job as a Senior Investigator for the Department of Labor’s (DOL) Employee Benefits Security Administration in the St. Louis office. Soon after, she filed an Equal Employment Opportunity (EEO) complaint alleging sex and age discrimination and a hostile work environment. The DOL charged her with being “absent without leave” and fired her a year later. The dismissal, coupled with the discrimination complaint, result in what is known as a "mixed" case, and is therefore subject to certain forum restrictions.  After an unsuccessful outcome with her EEO complaint, Kloeckner appealed to the Merit Systems Protection Board (MSPB) which dismissed her claims as untimely. Kloeckner tried to challenge this MSPB decision in federal district court, but the Eighth Circuit Court of Appeals affirmed the district court, holding that only federal circuit courts had jurisdiction over mixed cases that were dismissed on a procedural ground. The federal circuit courts disagree on this issue, and so the Supreme Court’s decision in this case will determine whether a federal district court or a federal appellate-level court can hear an appeal of an MSPB decision to dismiss a mixed claim for being untimely.

Questions Presented: 

The Merit Systems Protection Board (MSPB) is authorized to hear appeals by federal employees regarding certain adverse actions, such as dismissals. If in such an appeal the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."

The Question Presented is:

If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?

Issue

Can a federal district court hear an appeal of a decision by the Merit System Protection Board (MSPB) if the MSPB decided on a procedural ground and the case was “mixed” and so involved both unlawful employment termination and discrimination claims?

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Edited by: 

Elgin v. Dep’t of the Treasury (11-45)

Oral argument: Feb. 27, 2012

Appealed from: United States Court of Appeals for the First Circuit (Apr. 8, 2011)

ORIGINAL JURISDICTION, ADMINISTRATIVE REVIEW, CIVIL SERVICE REFORM ACT

Petitioners Michael Elgin and three other government employees were terminated from their jobs for failing to register with the Selective Service, as is required for government employees. Following the statutory review procedures outlined by the Civil Service Reform Act (“CSRA”), the Petitioners filed claims with the Merit Systems Protection Board (“MSPB”). They claimed that the registration requirement was unconstitutional as a Bill of Attainder and as an equal protection violation. The MSPB dismissed the constitutional claims for lack of jurisdiction. Rather than appeal to the United States Court of Appeals for the Federal Circuit, as is directed in the CSRA, the Petitioners filed their claims in a U.S. district court, which assumed jurisdiction before dismissing the claims on other grounds. On appeal, the United States Court of Appeals for the First Circuit found that the district court did not possess jurisdiction, because the CSRA directs federal employee claims through the MSPB. The Petitioners argue that district courts possess original jurisdiction over their claims, because the CSRA does not explicitly preclude such jurisdiction. The Department of the Treasury, however, contends that Congress intended the CSRA scheme to be the sole channel for federal employee claims. The Supreme Court’s decision will affect the options available to federal employees pursuing employment-related claims.

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