· 12/21/1992
Roland Spruill v. Merit Systems Protection Board
Citations
- 978 F.2d 679
- 1992 WL 297424
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 5 U.S.C. § 2303(b)(8) does not encom- pass alleged retaliation for discrimination complaints
- recognizing that, in enacting sections 2302(b)(8) and 2302(b)(9), Congress purposefully distinguished between “reprisal based on disclosure of information and reprisal based upon exercising a right to complain”; the former is covered in section 2302(b)(8
- noting that “the EEOC framework specifically provides for employees who suffer reprisal for the filing of [an] EEOC complaint”
- holding dismissal for failure to state a claim is a final judgement on the merits
- explaining that employees cannot maintain simultaneous Board and EEOC jurisdiction to resolve the same alleged violations
- holding that “[w]hen a non-frivolous claim for relief has been asserted ... and the outcome is determined by whether the facts support that claim, a decision ... that they do not is a failure to prove the claim, not a lack of jurisdiction”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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