brown
gsa
argued
decided
june
section
civil
rights
act
added
equal
employment
opportunity
act
proscribes
federal
employment
discrimination
establishes
administrative
judicial
enforcement
system
statute
provides
personnel
actions
affecting
federal
employees
job
applicants
shall
made
free
discrimination
based
race
color
religion
sex
national
origin
delegates
enforcement
authority
civil
service
commission
csc
permits
aggrieved
employee
file
civil
action
federal
district
review
claim
employment
discrimination
first
seeking
relief
agency
allegedly
guilty
discrimination
may
seek
review
csc
alternatively
within
days
receipt
notice
agency
final
decision
file
suit
federal
district
without
appealing
csc
appeals
csc
may
file
suit
within
days
csc
final
decision
event
may
file
civil
action
days
filing
charge
appeal
agency
csc
taken
final
action
petitioner
negro
claimed
respondent
agency
gsa
racially
discriminated
promoting
higher
grade
filed
complaint
gsa
adverse
decision
accorded
hearing
csc
complaints
examiner
february
found
discrimination
march
gsa
rendered
final
decision
upholding
examiner
petitioner
advised
decision
procedure
available
days
later
brought
suit
district
alleging
jurisdiction
title
vii
civil
rights
act
particular
reference
also
alleged
jurisdiction
general
statute
declaratory
judgment
act
district
granted
respondents
motion
dismiss
made
ground
petitioner
filed
complaint
within
period
specified
appeals
affirmed
held
section
provides
exclusive
judicial
remedy
claims
discrimination
federal
employment
since
petitioner
failed
file
timely
complaint
district
properly
dismissed
complaint
pp
legislative
history
indicates
congress
persuaded
federal
employees
treated
discriminatorily
effective
judicial
remedy
intended
legislation
create
exclusive
administrative
scheme
redress
federal
employment
discrimination
pp
balance
completeness
structural
integrity
inconsistent
petitioner
contention
judicial
remedy
designed
merely
supplement
putative
judicial
remedies
johnson
railway
express
agency
distinguished
pp
precisely
drawn
detailed
statute
general
remedies
preiser
rodriguez
pp
stewart
delivered
opinion
burger
white
blackmun
powell
rehnquist
joined
stevens
filed
dissenting
opinion
brennan
joined
post
marshall
took
part
consideration
decision
case
eric
schnapper
argued
cause
petitioner
briefs
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
melvyn
leventhal
barry
goldstein
jeff
greenup
deputy
solicitor
general
wallace
argued
cause
respondents
brief
solicitor
general
bork
assistant
attorney
general
lee
mark
evans
robert
kopp
neil
koslowe
justice
stewart
delivered
opinion
principal
question
presented
case
whether
civil
rights
act
provides
exclusive
judicial
remedy
claims
discrimination
federal
employment
petitioner
clarence
brown
negro
employed
general
services
administration
since
currently
classified
grade
promoted
since
december
brown
referred
along
two
white
colleagues
promotion
grade
supervisors
three
rated
highly
qualified
promotion
given
one
white
candidates
position
brown
filed
complaint
gsa
equal
employment
opportunity
office
alleging
racial
discrimination
biased
selection
process
complaint
withdrawn
brown
told
positions
soon
available
another
position
become
vacant
june
petitioner
along
two
others
recommended
highly
qualified
white
applicant
chosen
brown
filed
second
administrative
complaint
gsa
equal
employment
opportunity
office
preparation
review
investigative
report
gsa
regional
administrator
notified
petitioner
evidence
race
played
part
promotion
brown
requested
hearing
one
held
complaints
examiner
civil
service
commission
february
examiner
issued
findings
recommended
decision
found
evidence
racial
discrimination
rather
determined
brown
advanced
fully
cooperative
gsa
rendered
final
decision
march
agency
director
civil
rights
informed
brown
letter
conclusion
considerations
race
entered
promotional
process
director
letter
told
brown
chose
might
carry
administrative
process
lodging
appeal
board
appeals
review
civil
service
commission
alternatively
file
suit
within
days
federal
district
days
later
brown
filed
suit
federal
district
complaint
alleged
jurisdiction
title
vii
civil
rights
act
stat
amended
equal
employment
opportunity
act
stat
et
seq
ed
supp
iv
particular
reference
general
jurisdiction
declaratory
judgment
act
civil
rights
act
amended
respondents
moved
dismiss
complaint
lack
jurisdiction
ground
brown
filed
complaint
within
days
final
agency
action
required
civil
rights
act
supp
iv
district
granted
motion
appeals
second
circuit
affirmed
judgment
dismissal
held
first
remedy
federal
employment
discrimination
retroactively
available
employee
petitioner
whose
administrative
complaint
pending
time
became
effective
march
appellate
held
second
provides
exclusive
judicial
remedy
federal
employment
discrimination
complaint
timely
filed
statute
finally
ruled
remedies
petitioner
complaint
still
properly
dismissed
failure
exhaust
available
administrative
remedies
granted
certiorari
consider
important
issues
federal
law
presented
case
primary
question
litigation
difficult
state
civil
rights
act
added
equal
employment
opportunity
act
supp
iv
exclusive
individual
remedy
available
federal
employee
complaining
racial
discrimination
question
easier
state
resolve
congress
simply
failed
explicitly
describe
position
constellation
antidiscrimination
law
must
therefore
infer
congressional
intent
less
obvious
ways
chief
justice
marshall
wrote
mind
labours
discover
design
legislature
seizes
every
thing
aid
derived
fisher
cranch
title
vii
civil
rights
act
forbids
employment
discrimination
based
race
color
religion
sex
national
origin
ed
supp
iv
amended
equal
employment
opportunity
act
however
title
vii
protect
federal
employees
although
federal
employment
discrimination
clearly
violated
constitution
bolling
sharpe
statutory
law
passage
act
effective
availability
either
administrative
judicial
relief
far
sure
charges
racial
discrimination
handled
parochially
within
federal
agency
hearing
examiner
might
come
outside
agency
authority
conduct
independent
examination
conclusions
findings
nature
recommendations
agency
free
accept
reject
although
review
lay
board
appeals
review
civil
service
commission
congress
found
skepticism
among
federal
employees
regarding
commission
record
obtaining
resolutions
complaints
adequate
remedies
turn
discouraged
persons
filing
complaints
commission
fear
result
antagonizing
supervisors
impairing
future
hope
advancement
administrative
remedies
ineffective
judicial
relief
federal
employment
discrimination
even
problematic
although
action
seeking
enjoin
unconstitutional
agency
conduct
lie
doubtful
backpay
compensatory
relief
employment
discrimination
available
time
congress
considering
act
example
gnotta
appeals
eighth
circuit
held
jurisdictional
basis
support
plaintiff
suit
alleging
corps
engineers
discriminatorily
refused
promote
damages
alleged
discrimination
held
beyond
scope
tucker
act
since
express
implied
contract
involved
plaintiff
cause
action
administrative
procedure
act
mandamus
act
held
barred
sovereign
immunity
since
claims
promotion
necessarily
involve
claims
treasury
suit
officer
one
decree
operate
sovereign
hawaii
gordon
judgment
sought
expend
public
treasury
domain
interfere
public
administration
land
dollar
effect
judgment
restrain
government
acting
compel
act
larson
domestic
foreign
commerce
concern
evinced
hearings
committees
houses
apparent
inability
federal
employees
engage
judicial
machinery
cases
alleged
employment
discrimination
see
hearings
et
al
subcommittee
labor
senate
committee
labor
public
welfare
hearings
general
subcommittee
labor
house
committee
education
labor
although
considerable
disagreement
whether
civil
action
lie
remedy
agency
discrimination
committees
ultimately
concluded
judicial
review
available
available
forms
relief
foreclosed
thus
senate
report
observed
testimony
civil
service
commission
notwithstanding
committee
found
aggrieved
federal
employee
access
courts
many
cases
employee
must
overcome
government
defense
sovereign
immunity
failure
exhaust
administrative
remedies
certainty
steps
required
exhaust
remedies
moreover
remedial
authority
commission
courts
also
doubt
similarly
house
committee
stated
serious
doubt
review
available
aggrieved
federal
employee
monetary
restitution
back
pay
attainable
promotion
situations
critical
area
discrimination
promotion
often
longer
available
conclusion
committees
reiterated
floor
debate
senator
cranston
coauthor
amendment
relating
federal
employment
asserted
first
time
permit
federal
employees
sue
federal
government
discrimination
cases
cong
rec
senator
williams
sponsor
floor
manager
bill
stated
provides
first
time
knowledge
right
individual
take
complaint
legislative
history
thus
leaves
little
doubt
congress
persuaded
federal
employees
treated
discriminatorily
effective
judicial
remedy
case
law
suggests
conclusion
entirely
reasonable
whether
understanding
congress
ultimate
sense
incorrect
important
determining
legislative
intent
amending
civil
rights
act
cover
federal
employees
relevant
inquiry
whether
congress
correctly
perceived
state
law
rather
perception
state
law
unambiguous
congressional
perception
seems
indicate
congressional
intent
create
exclusive
administrative
judicial
scheme
redress
federal
employment
discrimination
need
however
rest
decision
upon
inference
alone
structure
amendment
fully
confirms
conclusion
congress
intended
exclusive
section
civil
rights
act
supp
iv
proscribes
federal
employment
discrimination
establishes
administrative
judicial
enforcement
system
section
provides
personnel
actions
affecting
federal
employees
applicants
federal
employment
shall
made
free
discrimination
based
race
color
religion
sex
national
origin
sections
establish
complementary
administrative
judicial
enforcement
mechanisms
designed
eradicate
federal
employment
discrimination
subsection
delegates
civil
service
commission
full
authority
enforce
provisions
subsection
appropriate
remedies
including
reinstatement
hiring
employees
without
back
pay
issue
rules
regulations
orders
instructions
deems
necessary
appropriate
carry
responsibilities
act
review
equal
employment
opportunity
plans
annually
submitted
agency
department
section
permits
aggrieved
employee
file
civil
action
federal
district
review
claim
employment
discrimination
attached
right
however
certain
preconditions
initially
complainant
must
seek
relief
agency
allegedly
discriminated
may
seek
administrative
review
civil
service
commission
alternatively
may
within
days
receipt
notice
agency
final
decision
file
suit
federal
district
without
appealing
civil
service
commission
appeal
commission
may
file
suit
within
days
commission
final
decision
event
complainant
may
file
civil
action
days
filing
charge
appeal
agency
civil
service
commission
taken
final
action
sections
ed
supp
iv
incorporated
applicable
govern
issues
venue
appointment
attorneys
attorneys
fees
scope
relief
section
finally
retains
within
governmental
agency
primary
responsibility
assure
nondiscrimination
employment
balance
completeness
structural
integrity
inconsistent
petitioner
contention
judicial
remedy
afforded
designed
merely
supplement
putative
judicial
relief
view
fails
estimation
accord
due
weight
fact
unlike
supposed
remedies
contemplate
merely
judicial
relief
rather
provides
careful
blend
administrative
judicial
enforcement
powers
petitioner
theory
perverse
operation
type
gresham
law
rigorous
administrative
exhaustion
requirements
time
limitations
driven
currency
immediate
access
courts
less
demanding
statutes
permissible
crucial
administrative
role
agency
together
civil
service
commission
given
congress
eradication
employment
discrimination
eliminated
simple
expedient
putting
different
label
pleadings
preiser
rodriguez
require
suspension
disbelief
ascribe
congress
design
allow
careful
thorough
remedial
scheme
circumvented
artful
pleading
petitioner
relies
upon
decision
johnson
railway
express
agency
proposition
title
vii
repeal
remedies
employment
discrimination
johnson
held
context
private
employment
title
vii
remedies
decision
inapposite
first
place
problems
sovereign
immunity
context
johnson
case
second
holding
johnson
rested
upon
explicit
legislative
history
act
manifests
congressional
intent
allow
individual
pursue
independently
rights
title
vii
applicable
state
federal
statutes
quoting
alexander
congress
made
clear
remedies
available
individual
title
vii
indiv
dual
right
sue
provisions
civil
rights
act
two
procedures
augment
mutually
exclusive
quoting
see
also
jones
alfred
mayer
legislative
history
behind
amendments
indeed
indicated
congressional
understanding
precisely
contrary
variety
contexts
held
precisely
drawn
detailed
statute
general
remedies
preiser
rodriguez
supra
example
state
prisoners
whose
credits
canceled
disciplinary
reasons
brought
suit
civil
rights
act
amended
conjunction
habeas
corpus
action
although
acknowledging
civil
rights
statute
terms
literally
applicable
held
challenges
fact
duration
imprisonment
appropriately
lie
habeas
corpus
specific
act
permitting
challenges
brought
general
civil
rights
statute
exhaustion
required
undermine
strong
policy
requiring
exhaustion
state
remedies
prisoners
challenge
length
confinement
reached
similar
results
cases
injured
federal
employees
claimed
right
proceed
facially
applicable
tort
recovery
statutes
demko
federal
tort
claims
act
patterson
federal
employees
compensation
act
suits
admiralty
act
johansen
federal
employees
compensation
act
public
vessels
act
consistently
held
narrowly
tailored
employee
compensation
scheme
general
tort
recovery
statutes
see
also
fourco
glass
transmirra
products
stonite
products
melvin
lloyd
patent
cases
venue
governed
exclusively
statute
dealing
specifically
patent
cases
general
venue
statute
held
inapplicable
case
bar
preiser
cases
cited
established
principle
leads
unerringly
conclusion
civil
rights
act
amended
provides
exclusive
judicial
remedy
claims
discrimination
federal
employment
hold
therefore
since
brown
failed
file
timely
complaint
district
properly
dismissed
case
accordingly
judgment
affirmed
ordered
footnotes
letter
stated
part
therefore
based
upon
findings
rendering
final
agency
decision
complaint
follows
evidence
case
support
complaint
racial
discrimination
promotion
receive
career
performance
counseling
immediate
supervisor
help
formulate
plans
receive
appropriate
training
correct
deficiencies
noted
management
decision
meet
satisfaction
may
file
appeal
writing
either
person
mail
board
appeals
review
civil
service
commission
washington
dc
board
decision
final
administrative
appeal
appeal
must
filed
within
calendar
days
receipt
letter
choose
appeal
board
appeals
review
retain
right
file
civil
action
federal
district
within
calendar
days
receipt
board
final
decision
appeal
also
right
file
civil
action
federal
district
within
calendar
days
receipt
letter
days
filing
appeal
board
appeals
review
decision
made
brown
later
moved
leave
amend
complaint
allege
additional
grounds
jurisdiction
tucker
act
allege
controversy
district
denied
motion
appeals
review
order
denial
parties
apparently
acquiesced
holding
appeals
occasion
disturb
ibid
see
see
bolling
sharpe
youngstown
sheet
tube
sawyer
parity
reasoning
sovereign
immunity
course
also
bar
claims
federal
agencies
damages
promotion
brought
civil
rights
act
amended
general
jurisdictional
grant
see
delong
hampton
jurisdiction
district
review
determination
civil
service
commission
plaintiff
properly
dismissed
petitioner
maintains
despite
adverse
decisions
mandamus
act
tucker
act
general
jurisdiction
administrative
procedure
act
conferred
jurisdiction
federal
courts
federal
employment
discrimination
cases
title
supp
iv
reads
full
discriminatory
practices
prohibited
employees
applicants
employment
subject
coverage
personnel
actions
affecting
employees
applicants
employment
except
regard
aliens
employed
outside
limits
military
departments
defined
section
title
executive
agencies
general
accounting
office
defined
section
title
including
employees
applicants
employment
paid
funds
postal
service
postal
rate
commission
units
government
district
columbia
positions
competitive
service
units
legislative
judicial
branches
federal
government
positions
competitive
service
library
congress
shall
made
free
discrimination
based
race
color
religion
sex
national
origin
civil
service
commission
enforcement
powers
issuance
rules
regulations
etc
annual
review
approval
national
regional
equal
employment
opportunity
plans
review
evaluation
equal
employment
opportunity
programs
publication
progress
reports
consultations
interested
parties
compliance
rules
regulations
etc
contents
national
regional
equal
employment
opportunity
plans
authority
librarian
congress
except
otherwise
provided
subsection
civil
service
commission
shall
authority
enforce
provisions
subsection
section
appropriate
remedies
including
reinstatement
hiring
employees
without
back
pay
effectuate
policies
section
shall
issue
rules
regulations
orders
instructions
deems
necessary
appropriate
carry
responsibilities
section
civil
service
commission
shall
responsible
annual
review
approval
national
regional
equal
employment
opportunity
plan
department
agency
appropriate
unit
referred
subsection
section
shall
submit
order
maintain
affirmative
program
equal
employment
opportunity
employees
applicants
employment
responsible
review
evaluation
operation
agency
equal
employment
opportunity
programs
periodically
obtaining
publishing
least
semiannual
basis
progress
reports
department
agency
unit
consult
solicit
recommendations
interested
individuals
groups
organizations
relating
equal
employment
opportunity
head
department
agency
unit
shall
comply
rules
regulations
orders
instructions
shall
include
provision
employee
applicant
employment
shall
notified
final
action
taken
complaint
discrimination
filed
thereunder
plan
submitted
department
agency
unit
shall
include
limited
provision
establishment
training
education
programs
designed
provide
maximum
opportunity
employees
advance
perform
highest
potential
description
qualifications
terms
training
experience
relating
equal
employment
opportunity
principal
operating
officials
department
agency
unit
responsible
carrying
equal
employment
opportunity
program
allocation
personnel
resources
proposed
department
agency
unit
carry
equal
employment
opportunity
program
respect
employment
library
congress
authorities
granted
subsection
civil
service
commission
shall
exercised
librarian
congress
civil
action
employee
applicant
employment
redress
grievances
time
bringing
action
head
department
agency
unit
defendant
within
thirty
days
receipt
notice
final
action
taken
department
agency
unit
referred
subsection
section
civil
service
commission
upon
appeal
decision
order
department
agency
unit
complaint
discrimination
based
race
color
religion
sex
national
origin
brought
pursuant
subsection
section
executive
order
succeeding
executive
orders
one
hundred
eighty
days
filing
initial
charge
department
agency
unit
civil
service
commission
appeal
decision
order
department
agency
unit
time
final
action
may
taken
department
agency
unit
employee
applicant
employment
aggrieved
final
disposition
complaint
failure
take
final
action
complaint
may
file
civil
action
provided
section
title
civil
action
head
department
agency
unit
appropriate
shall
defendant
section
title
applicable
civil
actions
provisions
section
title
applicable
shall
govern
civil
actions
brought
hereunder
government
agency
official
relieved
responsibility
assure
nondiscrimination
employment
equal
employment
opportunity
nothing
contained
act
shall
relieve
government
agency
official
primary
responsibility
assure
employment
required
constitution
statutes
responsibilities
executive
order
relating
equal
employment
opportunity
federal
government
see
supra
justice
stevens
justice
brennan
joins
dissenting
prior
enactment
civil
rights
act
uncertainty
federal
judicial
remedies
available
persons
injured
racially
discriminatory
employment
practices
private
sector
background
uncertainty
congress
enacted
comprehensive
remedial
statute
expressly
state
whether
exclusive
supplementary
whatever
remedies
might
exist
congress
amended
statute
cover
federal
employees
similar
uncertainty
remedies
available
employees
since
statute
amendment
enacted
comparable
settings
since
pieces
legislation
implement
precisely
important
national
interests
reasonable
infer
congress
intended
resolve
question
exclusivity
way
times
legislative
history
discussed
chandler
roudebush
post
demonstrates
congress
intended
federal
employees
rights
available
remedy
racial
discrimination
employees
private
sector
since
law
well
settled
victims
racial
discrimination
private
sector
choice
remedies
limited
title
vii
federal
employees
enjoy
parallel
rights
reasoning
governed
decisions
johnson
railway
express
agency
alexander
applies
equal
force
federal
employees
evidence
either
statute
history
congress
intended
amendment
construed
differently
basic
statute
fact
congress
incorrectly
assumed
federal
employees
judicial
remedy
enacted
undermines
rather
supports
conclusion
congress
intended
repeal
amend
laws
think
applicable
indeed
general
subcommittee
labor
house
committee
education
labor
rejected
amendment
explicitly
provided
exclusive
remedy
federal
employees
sum
legislative
history
discloses
clear
intent
provide
federal
employees
rights
parallel
available
employees
private
sector
evidence
intention
make
remedy
exclusive
rejection
amendment
provided
burden
persuading
us
interpolate
important
provision
complex
carefully
drafted
statute
heavy
one
since
burden
met
simply
read
statute
congress
wrote
alexander
johnson
railway
express
agency
decided
respectively
congress
extended
protection
title
vii
civil
rights
act
stat
amended
et
seq
ed
supp
iv
employees
federal
government
principal
goal
amending
legislation
equal
employment
opportunity
act
pub
stat
eradicate
entrenched
discrimination
federal
service
morton
mancari
strengthening
internal
safeguards
according
ggrieved
federal
employees
applicants
full
rights
available
courts
granted
individuals
private
sector
title
vii
chandler
roudebush
post
alexander
supra
justice
powell
unanimous
stated
egislative
enactments
area
long
evinced
general
intent
accord
parallel
overlapping
remedies
discrimination
civil
rights
act
et
congress
indicated
considered
policy
discrimination
highest
priority
newman
piggie
park
enterprises
consistent
view
title
vii
provides
consideration
claims
several
forums
see
supp
ii
eeoc
supp
ii
state
local
agencies
supp
ii
federal
courts
general
submission
claim
one
forum
preclude
later
submission
another
moreover
legislative
history
title
vii
manifests
congressional
intent
allow
individual
pursue
independently
rights
title
vii
applicable
state
federal
statutes
clear
inference
title
vii
designed
supplement
rather
supplant
existing
laws
institutions
relating
employment
discrimination
despite
title
vii
range
design
comprehensive
solution
problem
invidious
discrimination
employment
aggrieved
individual
clearly
deprived
remedies
possesses
limited
title
vii
search
relief
particular
congress
noted
remedies
available
individual
title
vii
indiv
dual
right
sue
provisions
civil
rights
act
two
procedures
augment
mutually
exclusive
see
also
later
considering
equal
employment
opportunity
act
senate
rejected
amendment
deprived
claimant
right
sue
cong
rec
since
question
proposition
remedies
available
foreclosed
exclusive
reading
purpose
served
discussing
status
alternative
remedy
view
holding
equally
pointless
discuss
respondents
contention
action
barred
petitioner
failure
exhaust
administrative
remedies
connection
however
discussion
johnson
supra
instructive
minority
committee
stating
views
final
committee
report
included
following
paragraph
failure
make
title
vii
exclusive
federal
remedy
despite
enactment
title
vii
civil
rights
act
charges
discriminatory
employment
conditions
may
still
brought
prior
existing
federal
statutes
national
labor
relations
act
civil
rights
act
view
comprehensive
prohibitions
discrimination
contained
title
vii
intent
committee
bill
consolidate
procedures
remedies
one
agency
consistent
make
title
vii
exclusive
remedy
public
interest
served
continuing
permit
multiplicity
statutes
forums
deal
discrimination
employment
however
attempt
amend
committee
bill
make
title
vii
exclusive
remedy
except
pattern
practice
suits
rejected
view
failure
make
exclusive
remedy
merely
encourages
individual
lost
case
one
forum
one
statute
relitigate
case
still
another
forum
another
federal
statute
extent
multiple
remedies
may
impose
undesirable
burden
employers
seems
problem
apt
redressed
impartial
manner
assuming
congress
intended
subject
continue
subject
public
private
employers
similar
rules