685 F. Supp. 2d 94 - Taylor v. Mabus’s Empirical Analysis
2010
Citation profile
11 district ·
Relationships
Applies 29 U.S.C. § 791 · 29 U.S.C. § 794A · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964) · 5 U.S.C. § 7702 · 5 U.S.C. § 7703
Relies on National Railroad Passenger Corporation v. Morgan · Bowden v. United States · Avocados Plus Inc. v. Veneman · Butler v. West · Spinelli v. Goss
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When an employee challenges an adverse personnel action that is subject to appeal to the MSPB and that is coupled with a discrimination claim — a “mixed case” — he must navigate a procedural regime of Title VII regulations and Civil Service Reform Act regulations. 5 U.S.C. § 7702 .... First, the aggrieved party must decide whether to file a “mixed case complaint” with his agency’s EEO office or file a “mixed case appeal” directly with the MSPB. 29 C.F.R. § 1614.302 (b). If he or she selects the agency EEO route, the aggrieved party has 30 days from the EEO’s final decision to file an appeal with the MSPB or a civil discrimination action in federal district court. 29 C.F.R. §§ 1614.302 (d)(l)(ii), 1614.310(a). If an aggrieved party elects to appeal directly to the MSPB or appeals to the MSPB after pursing the claim with the relevant EEO office, an Administrative Judge makes an initial decision, which becomes final within thirty-five days unless either party or the MSPB itself seeks further review. 5 C.F.R. § 1201.113 . Once the MSPB decision is final, the complainant has three options: he or she (1) may appeal the discrimination claim to the EEOC within 30 days, 5 C.F.R. § 1201.157 ; (2) appeal the entire claim to the appropriate district court within 30 days; or (3) appeal the nondiscrimination claim to the Court of Appeals for the Federal Circuit within 60 days. 5 U.S.C. § 7703 (b). When the MSPB’s decision dismisses the challenge on procedural grounds and does not reach the”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.