David L. Farrell v. Anthony J. Principi, Secretary of Veterans Affairs

This case arises out of a disability discrimination claim that David L. Farrell filed with the Equal Employment Opportunity Commission (“EEOC”) against his employer, the Veterans Administration Medical Center in Roseburg, Oregon (“Roseburg VA Medical Center”). Farrell received a favorable decision from the EEOC Administrative Law Judge (“ALJ”). The Department of Veterans Affairs (,fVA”) issued a final order granting Farrell partial relief. Farrell thereafter filed a civil action in district court, seeking further relief. The outcome of this case turns on whether Farrell seeks to enforce the final order or seeks de novo review of the discrimination claim. The government argued that the action merely sought to enforce the final order. The district court agreed and dismissed the complaint for failure to exhaust administrative remedies. We reverse and remand.

I.

BACKGROUND

The relevant facts are undisputed. Farrell is a partially-disabled veteran employed by the VA at the Roseburg VA Medical Center. On October 23, 1997, Farrell filed a formal complaint with the EEOC, alleging that his employer discriminated against him in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 791…