Case Brief - Essay Example

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Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment.
The district court established that the appellant had not consulted…
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CASE BRIEF CASE ALBION FRANCIS VS NORMAN Y. MINETA; Transport Security Administration. US. October 10, 2007
CASE NO.: 06-1293 U.S Court of appeal
Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment.
Statement of facts.
The district court established that the appellant had not consulted all the administrative avenues as required under Title VII and so found the dismissal was warranted. The appellant, however, was discontented with the court’s decision and sort, to appeal to the court of appeal.
In this case, the appellant Mr. Albion Francis had been hired by the department of transport of the United States of America as a security officer. The TSA’s grooming policy required that he shaves off his deadlocks, as a means of conforming to this policy. This was against the appellant’s religion which made him resist. As a consequent, he was dismissed for apparent violation of the department’s grooming policy. This action prompted him to sue the department for employment discrimination based on religion and brought the case under the RFRA.
The Transport Security Administration stated that each employee was bound by the department’s policy on grooming.
The main point of concern was whether the RFRA applied. The district court then placing the claim under the Title VII of the Civil Rights Act of 1964, stated that it was a violation of this Act, which prohibits employment discrimination based various aspects (Holloway). As a requirement, however, the employee was supposed to have at first exhausted all the administrative avenues as appertains to Title VII before seeking remedy in a new court and hence lacked the subject matter jurisdiction.
The court of appeal found out that failure of the appellant to address all remedies does not hinder the district court from passing its decision and that dismissal was warranted.
The court of appeal confirmed the district court’s dismissal of the employee’s complaint.
The court’s decision to affirm the position of the district court was based on the civil rights act in actions against federal law, which specifies that the plaintiff’s timely exhaustion of the administrative avenues in Title VII. They have no influence on the district court from exercising its mandate. Furthermore, in title VII cases, courts have been granted permission in certain limited situations to proportionally toll filing needs, even under extreme cases like inability to file. Which as a necessity, makes it impossible to characterize such needs as “jurisdictional.” Moreover, the RFRA applies to all aspects of law whether statutory or otherwise taken up before and after the passage of RFRA. However, there are areas that are not affected by the RFRA among, which includes Title VII of the Civil Rights Act of 1964, which specifies that nothing alters Title VII of the Civil Rights Act of 1964 on religious-based employment descrimination (McCulloch and Castagnera). The court assents as true to the allegations in Plaintiff’s complaint during the determination of motion on dismissal pursuant to rule 12 (b) (6) comprising the federal rules of civil procedure and all arguable derivations that could be inferred therefrom after adducing them under circumstances most favourable to the non-movant.
The court of appeal, however, held that the district court made an error in the issuance of subject matter jurisdiction since it had the federal subject matter jurisdiction capped under 28 U.S.C § 1331.
McCulloch, Keneth, and Castagnera, James. Termination of employment: employer and employee rights. Calomel University: West group, 2007.
Holloway, William. Employment termination: rights and remedies. Washinton D.C, 1985. Read More
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