No. 20-296

Christina V. Le v. Kenneth J. Braithwaite, Secretary of the Navy

Lower Court: Ninth Circuit
Docketed: 2020-09-08
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act breach-of-contract civil-rights discrimination due-process eeoc-adjudication judicial-review retaliation settlement-agreement title-vii
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. The circuit courts of appeals split on the issue of jurisdiction regarding breach of settlement agreement resolving discrimination charge under Title VII of the Civil Rights Act of 1964.

The question presented is whether an employee is entitled to file suit of breach of settlement agreement as discrimination or retaliation under Title VII.

In Babb v. Wilkie, No. 18-882, 589 U.S. (2020), the Court specifically held, "That Congress would want to hold the Federal Government to a higher standard than state and private employers is not unusual "; a subsidiary question is whether this holding is applicable to federal employees under Title VII discrimination and retaliation.

2. In Hannah v. Larche, 363 U.S. 420 (1960), the Court stated:

[The] exact boundaries [of due process] are un-definable, and its content varies according to specific factual contexts. Thus, when governmental agencies adjudicate or make binding determinations which directly affect the legal rights of individuals, it is imperative that those agencies use the procedures which have traditionally been associated with the judicial process.

The question presented is whether the EEOC's actions, findings, and conclusions are subject to judicial review under the Administrative Procedure Act (APA) in connection with the adjudication of claims under Title VII of the Civil Rights Act of 1964.

Question Presented (AI Summary)

Whether an employee is entitled to file suit for breach of settlement agreement as discrimination or retaliation under Title VII

Docket Entries

2020-12-07
Petition DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-09
Waiver of right of respondent Braithwaite, Kenneth to respond filed.
2020-09-16
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
2020-09-15
Motion to extend the time to file a response from October 8, 2020 to November 9, 2020, submitted to The Clerk.
2020-09-01
Petition for a writ of certiorari filed. (Response due October 8, 2020)

Attorneys

Braithwaite, Kenneth
Jeffrey B. WallActing Solicitor General, Respondent
Christina Le
Christina V. Le — Petitioner