Carolyn Kloeckner v. Elaine Chao, No. 10-2048 (8th Cir. 2011)
Annotate this CasePlaintiff, a former Senior Investigator for the St. Louis office of the Department of Labor's ("DOL") Employee Benefits Security Administration, filed an equal employment opportunity ("EEO") complaint alleging hostile work environment and discrimination on account of her sex and age. At issue was whether the district court properly dismissed the complaint on the ground that the Court of Appeals for the Federal Circuit had exclusive subject matter jurisdiction. The court held that the district court properly ruled that the Federal Circuit had exclusive jurisdiction to review the Merit Systems Protection Board's ("MSPB") dismissal where the MSPB had not reached the merits of plaintiff's discrimination claims in dismissing her mixed case appeal as untimely.
Court Description: Civil case - Employment discrimination. Because the Merit Systems Protection Board did not reach the merits of Kloeckner's discrimination claims in dismissing her mixed case appeal as untimely, the district court properly ruled that the Federal Circuit had exclusive jurisdiction to review the Board's dismissal.
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