Wednesday, January 25, 2012
[The] Fourth Circuit ...decision of [Bullock v. Napolitano], issued Monday afternoon,  effectively forecloses the ability of a federal employee to file a Title VII decision in state court. Judge Niemeyer wrote the majority opinion based largely on Title VII's silence about a waiver of governmental immunity in state court suits. Judge Gregory wrote a dissent that provoked a somewhat pointed rejoinder by footnote in the majority opinion. The issue may be cert-worthy, especially if other circuits have disagreed with the majority. In any event, I thought readers of the blog (and their students) would be interested in the juxtaposition of the two opinions.