Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

KLOECKNER v. SOLIS

Docket No.: 11-184
Certiorari Granted: Jan 13 2012
Argued: October 2, 2012
Decided: December 10, 2012

Topics:

42 U.S.C. 2000e, ADEA, Age Discrimination in Employment Act, Civil Rights Act, Civil Rights Act of 1964, Civil Service Reform Act, Discrimination in Employment, Title VII, age discrimination, judicial review, res judicata

PartyNames: Carolyn M. Kloeckner v. Hilda L. Solis, Secretary of Labor
Petitioner: Carolyn M. Kloeckner
Respondent: Hilda L. Solis, Secretary of Labor

Court Below: United States Court of Appeals for the Eighth Circuit
Citation: 639 F.3d 834
Lower Court Decision
Supreme Court Docket
Supreme Court Observer Blog Post for KLOECKNER v. SOLIS

Carolyn M. Kloeckner
v.
Hilda L. Solis, Secretary of Labor
Background:

Under the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. 1201 et seq., when a federal employee bases a complaint on an adverse personnel action appealable to the Merit Systems Protection Board (MSPB) and alleges that unlawful discrimination was a basis for the action, she has filed what is known as a "mixed case." The question presented is: Whether the United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over an MSPB decision dismissing a mixed case on threshold procedural grounds without reaching the merits of the employee's civil service or discrimination claims.

Question Presented:

The Merit Systems Protection Board (MSPB) is authorized to hear appeals by federal employees regarding certain adverse actions, such as dismissals. If in such an appeal the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case." The Question Presented is: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?

Question:

The Merit Systems Protection Board (MSPB) is authorized to hear appeals by federal employees regarding certain adverse actions, such as dismissals. If in such an appeal the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case." The Question Presented is: If the MSPB decides a mixed case without determining the merits of the discrimination claim, which court has jurisdiction over that claim -- the Court of Appeals for the Federal Circuit, or a district court?

KLOECKNER v. SOLIS
ORAL ARGUMENT

October 2, 2012

Listen to Oral Argument in KLOECKNER v. SOLIS
Holding: REVERSED AND REMANDED
Vote: 9-0
For more coverage on KLOECKNER v. SOLIS please see our blog posting.
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)