United States DC Circuit

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Payne v. Salazar, 09-5291

In an action alleging retaliation in violation of Title VII, dismissal of the action for failure to exhaust administrative remedies is affirmed in part where the district court properly held that plaintiff failed to exhaust one of her claims. However, the order is reversed in part where an employee's right to trial de novo -- whether her employer is the federal government or a private company -- means that she is entitled to a plenary trial of whatever claims she brings to court, and it does not mean that she must sue on claims she has no interest in pursuing.

Appellate Information

  • Decided 09/07/2010
  • Published 09/07/2010


  • Merrick C. Garland


  • United States DC Circuit


  • For Appellant:
  • David A. Branch, Christian A. Natiello