December 10, 2012 United States Supreme Court opinion

Kloeckner v Solis

Kloeckner field an administrative claim alleging discrimination. After a series of administrative proceedings, her claim was dismissed by the board with final administrative authority on procedural grounds. She filed a discrimination suit in district court which was dismissed on the grounds that she should have appealed her case to the Federal Circuit. The Court unanimously reversed holding the applicable statute, 5 USC 7701, plainly directs discrimination cases to be filed in district court and all other appeals to go to the Federal Circuit. It rejected the government’s reading which would send procedurally based decisions to the Federal Circuit and merits decisions to the district court as contrary to the language of the statute and leading to the absurd result of certain plaintiffs which the government wants to keep out of district court having an unlimited time to bring suit in district court if the board delays its ruling. The case was remanded for further proceedings.

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