Kloeckner v. Solis
133 S. Ct. 596
| SCOTUS | 2012Background
- CSRA provides MSPB review for adverse federal personnel actions, with mixed cases alleging discrimination under listed statutes.
- Mixed cases may be pursued via MSPB/EEOC or directly in district court, depending on§7703(b)(1)–(2) and§7702.
- Kloeckner filed a discrimination complaint with DOL, later fired; her mixed case was initially pursued before the MSPB and EEOC.
- MSPB dismissed her MSPB case on procedural grounds as untimely, prompting district court review under§7702(e)(1)(B) or§7703(b)(2).
- Eighth Circuit held district court review was improper; Supreme Court reversed, holding district court is proper for mixed cases regardless of merits/procedural dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Where to file mixed cases after MSPB dismissal | Kloeckner argued district court under§7703(b)(2) | Solis argued Federal Circuit review for procedural dismissals | District court review proper for mixed cases. |
Key Cases Cited
- Brumley v. Levinson, 991 F.2d 801 (8th Cir. 1993) (procedural dismissals not controlling on forum for mixed cases)
- Elgin v. Department of the Treasury, 567 U.S. _ (2012) (congressional structure of CSRA; alternative review routes)
- Fausto, 484 U.S. 439 (1988) (uniform framework to avoid unnecessary review layers)
- Williams v. Department of the Army, 715 F.2d 1485 (Fed. Cir. 1983) (en banc consideration of CSRA review paths)