Rosemary B. Greenlaw v. H. Lawrence Garrett, Iii, Secretary, Department of the Navy B.J. McMillin Richard B. Cheney, Secretary, Department of Defense

Plaintiff Greenlaw appeals from the district court’s Order granting Defendant’s Motion to Dismiss. The issue raised by this Appeal is whether an employment discrimination claimant rejects an offer of full relief during administrative proceedings may file a civil action in the district court to seek relief on the claim of discrimination.

Greenlaw alleges that her former employer, the United States Department of the Navy (Navy) and her former supervisor, B.J. McMillin (McMillin), discriminated against her on the basis of sex. She charges that she and other female co-workers received job performance evaluations of “fully successful” as compared to male co-workers who received evaluation ratings of “highly successful.” Only the male employees, rated “highly successful,” received pay bonuses.

Originally, Greenlaw and the other women filed a class action complaint with the EEOC. When the EEOC dismissed the class suit, Greenlaw individually filed an action on July 19,1990. She realleged the claim of discrimination related to her 1989 performance evaluation and added a claim of retaliation. Greenlaw alleged that in response to the class action suit, McMillin retaliated against her by…