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BOARD OF COUNTY COM'RS v. U.S. E.E.O.C.

No. 03-9566.

405 F.3d 840 (2005)

BOARD OF COUNTY COMMISSIONERS, FREMONT COUNTY, COLORADO, Petitioner, v. UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent. and Jay Janssen, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 15, 2005.

Attorney(s) appearing for the Case

Cathy Havener Greer (L. Michael Brooks, Jr. with her on the brief), Wells, Anderson & Race LLC, Denver, CO, for Petitioner.

Peter D. Keisler, Assistant Attorney General (Marleigh D. Dover, Stephanie R. Marcus, Attorneys, Appellate Staff Civil Division, Department of Justice, Lorraine C. Davis, Assistant General Counsel, Daniel T. Vail, Attorney, United States Equal Employment Opportunity Commission, with him on the brief), Washington, D.C. for Respondent.

Charlotte N. Sweeney (Richard C. LaFond, with her on the brief), Lafond & Sweeney, L.L.C., Denver, CO, for Intervenor.

Before KELLY, HOLLOWAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Jay Janssen, an employee of the Fremont County Board of County Commissioners ("Board"), filed an Equal Employment Opportunity Commission ("EEOC") complaint alleging that the Board retaliated against him for filing a prior EEOC complaint. Contending that the Government Employee Rights Act of 1991 ("GERA"), 42 U.S.C. §§ 2000e-16a, 2000e-16b, and 2000e-16c, does not protect employees from retaliation for exercising their rights under...

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