Dismissal of Employment Discrimination Action by Navy Officer Affirmed
In Munoz v. Mabus, No. 08-16374, a breach of contract and employment discrimination action claiming that a Title VII predetermination settlement agreement required the Navy to provide plaintiff a particular type of training, the court affirmed summary judgment for defendant in part where plaintiff was unable to produce evidence undermining the credibility or validity of the Navy's proffered reasons for denying the training. However, the court vacated in part where Congress' waiver of sovereign immunity under Title VII did not extend to suits to enforce settlement agreements entered into without genuine investigation, reasonable cause determination, and conciliation efforts by the EEOC.
As the court wrote: "Ysauro Munoz appeals an adverse summary judgment ruling on two claims arising from a single dispute over whether a Title VII predetermination settlement agreement required the Navy to provide him a particular type of training. Munoz foremost brings a breach of contract action, over which the district court lacked subject matter jurisdiction, and we therefore vacate summary judgment on Count 1 and remand with instructions to dismiss."
- Read the Ninth Circuit's Decision in Munoz v. Mabus, No. 08-16374