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Stella v. Mineta

Under retroactive remedial legislation, FAA employee had to assert whistleblower claim through Office of Special Counsel and Merit Systems Protection Board before bringing suit in federal district court.

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Argued February 5, 2002

Appellant Marie V. Stella is an employee of the Federal Aviation Administration (“FAA”). She brought claims under the Whistleblower Protection Act of 1989, Pub. L. No. 101-12, 103 Stat. 16 (1989) (codified in scattered sections of 5 U.S.C.) (“WPA”), alleging that the FAA retaliated against her after she disclosed instances of fraud, safety problems, waste, and abuse related to several FAA programs. She also brought claims of sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. �� 2000e et seq. (“Title VII”). She claimed, inter alia, that discrimination played a role in the FAA’s failure to promote her to the Senior Executive Service (“SES”) program.

The District Court for the District of Columbia granted the FAA’s motion to dismiss appellant’s WPA claims for lack of jurisdiction. See Stella v. Slater, Civ. Action No. 97-2550, Mem. Op. at 28 (D.D.C. Dec. 8, 2000) (“Mem. Op.”). At the time Ms. Stella initiated her action in the District Court, FAA employees were barred from bringing whistleblower claims through the Office of Special Counsel (“OSC”) and the Merit Systems Protection Board (“MSPB”), which are the channels that most federal employees are required to follow. Congress recently remedied this situation, however, by passing a law granting jurisdiction for whistleblower claims by FAA employees to the OSC and the MSPB. The new law applies retroactively to Ms. Stella’s case. Because she is required to bring her claim to the OSC and MSPB, we affirm the District Court’s dismissal of her WPA claims.

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