Andrew Farrar v. Bill Nelson
2f4th986
| D.C. Cir. | 2021Background
- Andrew Farrar worked for NASA in 2010, was fired after five months, and filed an administrative complaint under the Rehabilitation Act alleging disability discrimination and failure to accommodate.
- NASA’s Associate Administrator found discrimination and awarded Farrar about $13,000; Farrar appealed to the EEOC, which increased the award to about $35,000 and ordered payment within 60 days.
- Farrar had a 90-day statutory window to file a de novo civil action in district court after the EEOC decision; the EEOC’s 60-day payment order fell within that window, so NASA paid before Farrar sued.
- Farrar filed suit in district court within the 90 days; the district court dismissed because he had accepted and retained the administrative award and did not offer to return it before filing.
- On appeal, the D.C. Circuit reversed, holding the Rehabilitation Act and EEOC regulations do not require a plaintiff to disgorge or offer to disgorge an administrative award before filing a de novo civil action; case remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a federal employee who has received an administratively awarded monetary remedy must return, or offer to return, that award before filing a de novo civil action under the Rehabilitation Act | Farrar: statute and EEOC regs impose no disgorgement requirement; he timely sued | NASA: accepting and retaining the award without offering to return it bars the subsequent suit (no "second bite") | Reversed: no statutory or regulatory requirement to disgorge or offer to disgorge before suing; suit may proceed (remanded) |
Key Cases Cited
- Scott v. Johanns, 409 F.3d 466 (D.C. Cir. 2005) (federal employees may not litigate only the remedy while binding the government to an administrative liability finding)
- Massingill v. Nicholson, 496 F.3d 382 (5th Cir. 2007) (acceptance of an administrative award does not itself preclude filing a civil action)
- Statewide Bonding, Inc. v. U.S. Dep’t of Homeland Sec., 980 F.3d 109 (D.C. Cir. 2020) (standard of review for dismissals reviewed de novo)