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133 F. App'x 144

Carlson v. White

U.S. Courts of Appeals

Decided June 3, 2005

U.S. Courts of Appeals · decided 2005-06-03

Relies on Brown v. General Services Administration · Randel v. United States Department of the Navy

Decided 2005-06-03

PER CURIAM: *

¶1 Terri L. Carlson appeals the district court’s orders granting a motion to dismiss and a motion for summary judgment. In her complaint, Carlson alleged that: (1) she was denied access to family medical leave in violation of the Family Medical Leaves Act (“FMLA”); (2) she was denied accommodation in violation of the Americans with Disabilities Act (“ADA”); and (3) she was denied promotion and training because of her sex. The district court properly dismissed these claims. Federal employees with more than twelve months of service do not have a private right of *145 action for FMLA violations. See 5 U.S.C. § 6381-6387. Carlson is precluded from bringing her ADA claim because she had already brought a claim through a “negotiated grievance procedure.” See 29 C.F.R. § 1614.301(a). Finally, Carlson’s Title VII claims fail because she failed to exhaust her administrative remedies. See Randel v. United States Department of the Navy, 157 F.3d 392, 395 (5th Cir.1998) (citing Brown v. Gen. Serv. Admin., 425 U.S. 820, 832, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976)).

¶2 Accordingly, the orders granting a motion to dismiss and summary judgment are AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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