United States Fourth Circuit

Plaintiff's FTCA suit was properly dismissed on preemption grounds given that Title VII establishes the exclusive and preemptive scheme under which federal employees can seek redress for employment discrimination. Res judicata precludes her Title VII claim that the FAA did not provide her equal access to employment opportunities and awards because of her gender, work disability and in retaliation for filing prior complaints.

Appellate Information

• Decided 05/14/2004
• Published 05/14/2004

Judges

• Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:George Michael Chuzi, Kalijarvi, Chuzi & Newman, P.C., Washington, D.C., for Appellant.  Dennis Edward Szybala, Assistant United States Attorney, Alexandria, Virginia, for Appellees.   ON BRIEF:Mary Madeline McCarthy, Office of Regional, Federal Aviation Administration, Jamaica, New York;  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellees.