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Dossa v. Wynne

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Before MURPHY, McKAY, and GORSUCH, Circuit Judges.

Anjana A. Dossa was discharged from her civilian position at McConnell Air Force Base. She appealed the decision to the Merit System Protection Board (MSPB) and received a hearing before an administrative judge (AJ) on her claims of wrongful discharge, gender and national-origin discrimination, and retaliation for filing an earlier discrimination charge. The AJ denied her claims. Her appeals to the MSPB and then to the Equal Employment Opportunity Commission (EEOC) were unsuccessful, so Ms. Dossa filed suit in federal district court. After the district court determined that Ms. Dossa had failed to exhaust her administrative remedies on her gender and national-origin discrimination claims, it dismissed her retaliation claim for lack of jurisdiction over that type of claim alone.*fn2 The court later denied Ms. Dossa’s request for reconsideration. She appeals. We reverse the district court’s ruling that Ms. Dossa failed to exhaust her administrative remedies, and we hold that the court had jurisdiction over her retaliation claim. Consequently, we remand for further proceedings.

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