The district court dismissed the suit brought by a contract FBI employee alleging sex discrimination and retaliation. Egan is not extended beyond security clearances to cover building access that may be revoked by a supervisor who does not specialize in security decisions. However, the plain language of 42 U.S.C. § 2000e-2(g) creates an exception to Title VII where granting "access to the premises" of a secure location is related to national security. The judgment of dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20471, 04-29-2013.
Toy v. Holder
May 2, 2013