In an employment discrimination action against the U.S. Capitol Police, dismissal of the complaint is affirmed in part where the Capitol Police's administrative appeal process is jurisdictional and thus equitable doctrines, such as vicarious exhaustion, do not apply to excuse compliance with it. However the ruling is reversed in part where: 1) neither the Congressional Accountability Act (CAA) nor the procedural rules of the Office of Compliance require in-person attendance by the employee at counseling or mediation; and 2) receipt of written notice of the end of mediation from the Office of Compliance triggered the CAA's 30 to 90-day period for electing whether to pursue judicial or administrative relief and demonstrated the employee's completion of counseling and mediation.
Argued May 8, 2009
Decided July 31, 2009
Opinion by Judge Rogers
Harry B. Roback, Assistant U.S. Attorney, Washington, DC
Jeffrey A. Taylor, U.S. Attorney, Washington, DC