09 February 2013

SCOTUS in Plain English: Kloeckner v. Solis

This is one in a series of posts designed to describe Supreme Court decisions in plain English. For more detail and background on the legal issues, see the link to the case at SCOTUblog below. For similar posts, click here.

Kloeckner v. Solis

Carolyn Kloeckner filed a complaint against the Department of Labor (while still an employee), alleging sex and age discrimination. Her original complaint was filed with the Merit Systems Protection Board (MSPB). Most MSPB decisions are appealable to the Federal Circuit, except in certain "mixed cases." She was then fired, and claimed it was because of her complaint, which made her complaint a "mixed case." The Supreme Court ruled that a federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute should seek judicial review in a federal district court, not in the Federal Circuit. The practical impact of this decision is to clarify a somewhat confusing procedure for how (and where) to file a complaint under similar circumstances.
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