United States DC Circuit

Denials of motions to dismiss complaints against different Congress member offices alleging discrimination based on race and gender, and retaliation for objecting to discriminatory conduct in one complaint, and discrimination based on perceived disability and also violation of the FLSA in other complaint, are affirmed as the Speech or Debate Clause does not bar jurisdiction.

Appellate Information

• Argued 11/30/2005
• Decided 08/18/2006
• Published 08/18/2006

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, BROWN, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William F. Allen, Attorney, Office of House Employment Counsel, argued the cause for appellant in No. 04-5315.   With him on the briefs was Kimberly Carey Williams, Attorney.  Gloria L. Ferguson, Attorney, entered an appearance., Geraldine R. Gennet, General Counsel, U.S. House of Representatives, and Kerry W. Kircher, Deputy General Counsel, were on the brief for amicus curiae Bipartisan Legal Advisory Group of the United States House of Representatives in No. 04-5315., Henry J. Hyde, pro se, was on the brief for amicus curiae Congressman Henry J. Hyde in support of appellant in No. 04-5315., Jean M. Manning, Chief Counsel, Office of Senate Chief Counsel for Employment, argued the cause for appellant in No. 04-5335.   With her on the briefs was Toby R. Hyman, Senior Counsel.  Mary S. Bach, Counsel, entered an appearance.


• For Appellees:
  
• Wayne Marcus Scriven argued the cause and filed the brief for appellee in No. 04-5315., Richard A. Salzman argued the cause for appellee in No. 04-5335.   With him on the brief were Douglas B. Huron and Tammany M. Kramer.