Khaksari v. Chairman, Broadcasting Board of Governors
451 F. App'x 1
| D.C. Cir. | 2011Background
- Khaksari worked as a Purchase Order Vendor for VOA (BBG) translating news into Farsi, paid by assignment, 2003–2005.
- BBG policy § 822.1 defines 'suitably qualified' as 'equally or better qualified,' allowing non-citizen hires when U.S. citizens are not available.
- Khaksari alleged Title VII hostile work environment/retaliation, and ADEA age discrimination, plus an APA challenge to § 822.1 interpretation.
- District court granted summary judgment on Title VII and ADEA claims and dismissed the APA claim for lack of jurisdiction; Khaksari appealed.
- Court held Khaksari was an independent contractor under Zhengxing v. Tomlinson, not an employee covered by Title VII/ADEA, and thus lacked standing on those claims.
- As a failed applicant for full-time positions, Khaksari had standing to challenge non-selection, but evidence did not show discriminatory intent; other claims were dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| APA jurisdiction over § 822.1 interpretation | Khaksari argues APA review of § 822.1 is appropriate. | CSRA-based precedents leave no APA jurisdiction for § 822.1 challenges. | APA challenge dismissed; CSRA governs review. |
| Whether Khaksari is an employee protected by Title VII/ADEA | Khaksari is an employee entitled to Title VII/ADEA protections. | Khaksari is an independent contractor, not an employee. | Khaksari is an independent contractor, not an employee; Title VII/ADEA claims fail. |
| Non-selection discrimination evidence | Non-selection for positions showed discrimination based on sex/age/origin. | Non-selection arose from non-discriminatory factors; lack of discriminatory intent. | Insufficient evidence of discriminatory intent; claims fail. |
| Citizen status under Title VII | Citizenship status is a protected characteristic under Title VII. | Citizenship is not a Title VII-protected characteristic. | American citizenship is not protected under Title VII; claims dismissed. |
Key Cases Cited
- Nyunt v. BBG, 589 F.3d 445 (D.C.Cir. 2009) (APA challenge to § 822.1 under CSRA framework)
- Grosdidier v. BBG, 560 F.3d 495 (D.C.Cir. 2009) (CSRA-based dismissal of APA challenge)
- Mendoza, 464 U.S. 154 (1984) (non-mutual collateral estoppel considerations in government context)
- Spirides v. Reinhardt, 613 F.2d 826 (D.C.Cir. 1979) (standing and employee status considerations in Title VII context)
- Redd v. Summers, 232 F.3d 933 (D.C.Cir. 2000) (standing and discrimination analysis under Title VII/ADEA)
- Davis v. Coastal Int'l Sec., Inc., 275 F.3d 1119 (D.C.Cir. 2002) (proof of discriminatory intent required for workplace discrimination claims)