PAYNE v. SALAZAR

No. 09-5291.

619 F.3d 56 (2010)

Cassandra M. PAYNE, Appellant v. Kenneth Lee SALAZAR, Secretary, Department of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 2010.


Attorney(s) appearing for the Case

David A. Branch argued the cause and filed the brief for appellant.

Christian A. Natiello , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge:

This case raises an important and largely undecided issue under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The government contends that a federal employee who wins one Title VII claim before her agency, but loses another, must put the first at risk in order to seek relief on the second in federal court. Finding no basis for the government's interpretation of the statute, we reject that contention.

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