United States Supreme Court

In a federal employee's mixed case action against the Department of Labor, alleging, inter alia, unlawful sex and age discrimination and discriminatory removal, the Court of Appeals' decision affirming the Federal District Court's dismissal for lack of jurisdiction is reversed and remanded where: 1) a federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute listed in section 7702(a) should seek judicial review in district court, not the Federal Circuit, regardless of whether the MSPB decided her case on procedural grounds or on the merits; and 2) sections 7703 and 7702 of the CSRA direct employees like plaintiff to the district court.

Appellate Information

• Decided 12/10/2012
• Published 12/10/2012

Judges

• Kagan

Court

• United States Supreme Court

Counsel