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SCOTT v. JOHANNS

No. 04-5267.

409 F.3d 466 (2005)

Alfrieda S. Connor SCOTT, Personal Representative of the Estate of Harold Connor, Appellant v. Michael JOHANNS, Secretary of Agriculture, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2005.

Attorney(s) appearing for the Case

Charles W. Day, Jr. argued the cause for appellant. With him on the briefs was Joseph D. Gebhardt.

Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Marleigh D. Dover, Special Counsel.

Before: GINSBURG, Chief Judge, and TATEL and GARLAND, Circuit Judges.

TATEL, Circuit Judge.

Under Title VII of the Civil Rights Act of 1964, federal employees dissatisfied with the administrative resolution of their discrimination complaints may file suit in federal court. In this case, we must decide whether an employee who secures a final administrative disposition finding discrimination but who is dissatisfied with the remedy may challenge only the remedy in the federal court action. Answering...

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