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Blackmon-Malloy v. U.S. Capitol Police Bd., No. 07-5320

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.

Read Blackmon-Malloy v. U.S. Capitol Police Bd., No. 07-5320

Appellate Information

Argued May 8, 2009

Decided July 31, 2009


Opinion by Judge Rogers


For Appellants:

Lenore C. Garon, Gebhardt & Associates, LLP, Washington, DC

Joseph D. Gebhardt, Gebhardt & Associates, LLP, Washington, DC

For Appellee:

Harry B. Roback, Assistant U.S. Attorney, Washington, DC

Jeffrey A. Taylor, U.S. Attorney, Washington, DC