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COCHRAN v. HOLDER

No. 07-1888.

564 F.3d 318 (2009)

Phillip L. COCHRAN, Plaintiff-Appellant, v. Eric H. HOLDER, Jr., Attorney General, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Phoebe Leslie Deak, Washington, D.C., for Appellant. Dennis Carl Barghaan, Jr., Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge TRAXLER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Federal employees who claim illegal discrimination by their employer may file a civil action within 90 days of a "final" adverse decision by the Equal Employment Opportunity Commission (EEOC). 42 U.S.C. § 2000e-16(c) (2006). This case presents the question of when an EEOC decision becomes "final" for the purpose of this statute. The district court interpreted an EEOC regulation to require that the 90-day period...

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