Christina V. Le v. Kenneth J. Braithwaite, Secretary of the Navy

The circuit courts of appeals split on the issue of jurisdiction regarding breach of settlement agree­ ment resolving discrimination charge under Title VII of the Civil Rights Act of 1964. The question presented is whether an employee is entitled to file suit of breach of settlement agreement as discrimination or retaliation under Title VII. In Babb v. Wilkie, No. 18-882, 589 U.S. (2020), the Court specifically held, “That Congress would want to hold the Federal Government to a higher standard than state and private employers is not unusual”; a subsidiary question is whether this holding is applica­ ble to federal employees under Title VII discrimination and retaliation.

In Hannah v. Larche, 363 U.S. 420 (1960), the Court stated: [The] exact boundaries [of due process] are undefinable, and its content varies according to specific factual contexts. Thus, when govern­ mental agencies adjudicate or make binding de­ terminations which directly affect the legal rights of individuals, it is imperative that those agen­ cies use the procedures which have tradition­ ally been associated with the judicial process. The question presented is whether the EEOC’s actions, findings, and conclusions are subject to judicial review under the Administrative Procedure Act (APA) in connection with the adjudication of claims under Title VII of the Civil Rights Act of 1964.