Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Plaintiff filed suit against the Department, alleging that it retaliated against her for filing a complaint of workplace harassment based upon her sex and national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-3(a). The district court granted summary judgment to the Department. The court affirmed, concluding that no reasonable jury could find that the Department's actions - placing her on an unsuitable detail, changing her employment status to probationary, and terminating her employment - were motivated by retaliation. View "Hernandez v. Gutierrez" on Justia Law

The BOP challenged a decision and order of the Authority regarding United States Penitentiary I, a high security facility in Coleman, Florida. The Authority held that BOP was required to bargain with the Union over two proposals relating to BOP's installation of two metal detectors in the compound through which prisoners must pass to enter or exit the recreation yard. The court denied the BOP's motion to dismiss on grounds of mootness and its motion to vacate the Authority's decision and order. The court granted the Authority's cross-petition to enforce its decision and order regarding Proposal 1, and granted BOP's petition to vacate the Authority's decision and order regarding the third sentence in Proposal 2. The court remanded to the Authority to allow it to determine whether, in light of the changed circumstances occasioned by the changed use of the metal detectors, the order to bargain over Proposal 1 should be revised. View "U.S. DOJ v. FLRA" on Justia Law

Pursuant to the Library of Congress' policy, the Library recognizes certain employee organizations and gives them meeting space and other benefits. The Cook and Shaw Foundation is a non-profit organization composed of current and former employees of the Library. The Foundation and others filed suit after the Library denied recognition to the Foundation. The court concluded that the complaint failed to allege that the Library's denial of recognition constituted retaliation for statutorily protected activity by employees or applicants for employment. Absent such an allegation, the complaint failed to state a claim under Title VII, 42 U.S.C. 2000e et seq. Accordingly, the court affirmed the district court's dismissal for failure to state a claim. View "Howard R.l. Cook & Tommy Shaw, et al. v. Billington" on Justia Law

Pilots appealed the grant of summary judgment to PBGC on their claims regarding pension benefits payable under the terminated Retirement Income Plan for U.S. Airways Pilots. The court concluded that it need not resolve the parties' contentions regarding whether the PBGC was entitled to deference under Chevron when it acts as the trustee in an involuntary retirement plan termination; regardless, Pilots' claims relating to the PBGC's interpretation of 29 U.S.C. 1344 and regulations must fail; the court need not decide the level of deference due to the PBGC's interpretation of the Plan provisions because Pilots have not demonstrated Article III standing for part of one claim and their other claims failed regardless of the standard; and the court need not decide whether the decision in Davis v. PBGC regarding Pilots' request for a preliminary injunction was the law of the case on the standard of review. Accordingly, the court affirmed the judgment of the district court. View "Davis, et al. v. PBGC" on Justia Law

Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that the supervisor's conduct was within the scope of his employment and removed the case to federal district court, substituting the United States as the defendant. The court affirmed the district court's dismissal for lack of subject matter jurisdiction, concluding that the supervisor acted within the scope of his employment and plaintiff's suit was jurisdictionally barred by the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. View "Jacobs v. Vrobel" on Justia Law

Appellant a former pilot for US Airways, sought benefits from a collectively-bargained pilot disability plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. On appeal, appellant challenged the district court's dismissal of his claim for lack of jurisdiction. The court affirmed the district court's dismissal because section 204 of the Railway Labor Act (RLA), 45 U.S.C. 151 et seq., vested in the "applicable adjustment board" exclusive jurisdiction over appellant's claim because it was grounded in the application and interpretation of a collective bargaining agreement. View "Oakey v. US Airways Pilots Disability Income Plan" on Justia Law

In two unconsolidated cases, UBCJA and SWRCC (collectively, Carpenters) appealed the district court's confirmation of two arbitration awards in favor of Plasterers. The court concluded that these cases were not moot because future arbitrable jurisdictional disputes raising the same legal issue seem reasonably likely to occur; in Case No. 11-7161, the district court did not abuse its discretion in denying briefing and argument on the timing issue; in Case No. 11-7155, the district court correctly declined to give Jordan Interiors I estoppel effect in Frye; and, on the merits, the court rejected Carpenters' challenges to the arbitrators' authority to enter their respective awards. Accordingly, the court affirmed the district court's grants of summary judgment to the Plasterers, thereby confirming the arbitrators' awards in their favor. View "United Brotherhood of Carpenters v. Operative Plasterers' & Cement Masons' Int'l Ass'n" on Justia Law

Plaintiff, a police officer with the Parks Service, filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging workplace discrimination. On appeal, plaintiff challenged the district court's grant of summary judgment against him on his claim that workplace supervisors unlawfully denied him time-off awards in retaliation for his pursuit of a protected activity. The court concluded that plaintiff failed to demonstrate the entitlement to an award and, as such, he could not demonstrate that the failure of his employer to nominate him for time-off awards materially affected the terms of his employment. Accordingly, the court affirmed the judgment of the district court. View "Bridgeforth v. Salazar" on Justia Law

Plaintiff filed suit against her former employer, the Chief Administrative Officer (OCAO), of the United States House of Representatives, for alleged racial discrimination and retaliation in violation of the Congressional Accountability Act (CAA), 2 U.S.C. 1301-1438. The court concluded that the Speech or Debate Clause did not require the dismissal of this action; plaintiff could proceed with all of her claims under the CAA, subject to the applicable strictures of the Speech or Debate Clause; and, accordingly, the court affirmed the district court's judgment in part, reversed in part, and remanded for further proceedings. View "Howard v. Chief Admin. Officer of the U.S." on Justia Law

Plaintiffs in Adams v. United States challenged the nonretroactivity and protection-for-compliance provisions of the Fair Treatment for Experienced Pilots Act of 2007 (FTEPA), Pub. L. No. 110-135, 121 Stat. 1450, as well as the FAA's implementation of these provisions. These provisions repealed the "Age 60 Rule" and extended the maximum age for piloting commercial flights by five years. Plaintiffs in Emory v. United Air Lines, Inc., supplemented their constitutional objections with state and federal claims against their employer, United, and their union, ALPA, for advancing allegedly discriminatory interpretations of the nonretroactivity provision they knew to be incorrect. The court concluded that the FTEPA passed constitutional muster and should be interpreted as the Emory defendants have done. Therefore, the court affirmed the district courts' judgments as to all claims not dismissed as moot. View "Emory v. United Airlines, Inc. " on Justia Law