Landgraf v. USI Film Prods.

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Bowen v. Georgetown University Hospital

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Feres v. United States

Holding that "the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service"

Overton v. New York State Div. of Military

Holding Feres barred Title VII suit that "would likely intrude into" the plaintiff's "nominally civilian, yet distinctly military, relationship" with his superior

Walch v. Adjutant Gen.'s Dep't of Tex.

Holding that the court could consider exhibits attached to the plaintiff's opposition to the defendants' motion to dismiss because "[n]o party questions the authenticity of these two documents and both were sufficiently referenced in the complaint"

Zuress v. Donley

Noting that Feres doctrine applies "whenever a legal action would require a civilian court to examine decisions regarding management, discipline, supervision, and control of members of the armed forces of the United States" and affirming that Feres doctrine precluded dual status military and civilian employee's Title VII claims

Jentoft v. U.S.

Holding that the 1997 Amendments allowed a dual status National Guard technician to bring an Equal Pay Act claim against the military

Johnson v. Alexander

Holding that an applicant for enlistment in the United States Army could not sue Army officials for denying his enlistment

Wetherill v. Geren

Willis v. Roche

Noting that the ART challenged conduct by an officer supervising him in both his military and civilian capacities

Section 2000e-16 - Employment by Federal Government

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Section 7513 - Cause and procedure

Providing that the MSPB may hear appeals involving removals, suspensions for more than 14 days, reductions in grade or pay, and furloughs of 30 days or less

Section 7512 - Actions covered

Covering "a removal"

Section 7511 - Definitions; application

Defining "employee"

Section 709 - Technicians: employment, use, status

Providing that dual status technicians must be members of the National Guard, hold a specified military grade, and wear the appropriate uniform

Section 10216 - Military technicians (dual status)

Providing that a military dual status technician is a "civilian employee" for the purposes of "any ... provision of law"

Section 709 - Emergency leave of absence

Section 1614.110 - Final action by agencies

Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

Section 1614.103 - Complaints of discrimination covered by this part

Stating that complaints of discrimination within the federal government extend to "all employment policies or practices affecting employees or applicants for employment "

Section 1614.504 - Compliance with settlement agreements and final action

Providing that if an employee believes an agency has failed to comply with a settlement agreement, the employee must notify the EEO Director of noncompliance and, notably, may request that the terms of the agreement be implemented or that the prior EEO complaint be reinstated for further processing from the point in time that processing ceased

Section 1614.109 - Hearings

Governing administrative hearings

Section 1614.503 - Enforcement of final Commission decisions

Describing civil action for enforcement of administrative award