Walter WHITE, Plaintiff-Appellant, v. GENERAL SERVICES ADMINISTRATION, Defendants-Appellees

Good Law
652 F.2d 913·26 Empl. Prac. Dec. (CCH) 32,029·26 Fair Empl. Prac. Cas. (BNA) 974·1981 U.S. App. LEXIS 18695
United States Court of Appeals for the Ninth CircuitAugust 7, 198179-4192California2,051 words

Opinion

Opinion

Canby, J.

This appeal raises two primary issues: (1) whether reference of this Title VII case to a magistrate, and the local rule authorizing that reference, violated 42 U.S.C. § 2000e-5(f)(5); and (2) whether Title VII is the sole judicial remedy available to a federal employee who alleges racial discrimination and seeks recovery not only from the federal government but from individual defendants. A third, subsidiary issue is whether a Title VII action against the government is the exclusive judicial remedy for retaliation against an employee for filing a charge of discrimination. We conclude that the reference and the local rule did not violate the statute. We also conclude that a Title VII action against the federal government is the exclusive judicial remedy for federal employment discrimination and for retaliation for filing a charge of discrimination. The judgment of the district court is affirmed.

I.

White was an employee of the General Services Administration (GSA) at a warehouse in Auburn, Washington. He was demoted during a reduction in force in 1972 and sought administrative relief on the ground that his demotion was the result of discrimination based upon his race. The Civil…

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