Employment & Labor Law
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Chappell v. Chao
17 Fla. L. Weekly Fed. C1185a (11th Cir. October 28, 2004)
The appellant (a federal employee) filed several charges for race and age discrimination and retaliation for filing on his own behalf and for filing affidavits on behalf of others. The District Court granted summary judgment in favor of the appellee for lack of subject matter jurisdiction. The 11th Circuit affirmed because the federal statutes require federal employees to either combine the related employment and termination discrimination claims and pursue them in federal district court, or to appeal the termination claim to the Federal Circuit and waive the discrimination claims. Because the appellant chose to appeal to the Federal Circuit, which dismissed his claim, and because the termination claims were based on the same facts, the judgment was affirmed.
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