Mier

concurring and dissenting.

I agree with the majority that federal courts may entertain the Title VII claims of dual-status National Guard technicians claims except when they are so integrally related to the military aspect of their job as to render them nonjusticiable. I expressly concur in the holding that “Title VII coverage of civilians employed by the military encompasses actions brought by Guard technicians except when the challenged conduct is integrally related to the military’s unique structure.” I disagree only with the opinion’s conclusion that Mier has failed to state a claim on which relief may be granted under the standard set forth in the opinion: I believe that Mier’s complaint can fairly be read to allege a Title VII complaint arising from his civilian employment.

In light of the generous standards of notice pleading, see, e.g., Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957); Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989); Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1982), I believe that the majority reads the complaint too narrowly. Mier’s general allegations do not indicate that his claims are purely…

concurring:

I concur in Judge Tang’s opinion except for his statement of the holding, that

The only issue before us, and all that we rightfully decide, is whether a Guard technician’s challenge to personnel actions integrally related to the military’s unique structure is cognizable under Title VII. For the reasons his opinion sets out, I agree that such a challenge fails.

Opinion by Judge TANG; Partial Concurrence and Partial Dissent by Judge REINHARDT; Concurrence by Judge RYMER.

Arthur J. Mier appeals from a district court judgment dismissing his Title VII cause of action for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted. The issue on appeal is whether a National Guard technician, whose job is a hybrid military-civilian position, can maintain a Title VII employment discrimination action. We conclude that Title VII applies to Guard technicians except when they challenge personnel actions integrally related to the military’s unique structure. Because all of Mier’s claims challenge actions of this kind, his complaint does not state a claim upon which relief can be granted. Therefore, we affirm the judgment of the district court, albeit on different grounds than provided by the district court.

Arthur J. Mier is a Hispanic civil service technician employed in the Arizona Army National Guard. Mier’s job is a hybrid position, combining both military and civilian aspects. Mier serves in a civilian capacity as a full time supply management officer and in a military capacity as a…