Robert M. Smiler sought judicial review of a Merit Systems Protection Board decision that affirmed his removal from federal service and found he failed to prove a claim of disability discrimination. While the Federal Circuit typically handles appeals from the Board, Smiler's submissions indicated he intended to pursue his discrimination claim separately. The Social Security Administration agreed that the matter should be transferred to the United States District Court for the Eastern District of Pennsylvania, where Smiler had already filed a separate action to review the Board's decision. The core dispute centered on whether the Federal Circuit could retain jurisdiction over the non-discrimination aspects of the appeal while the discrimination claim proceeded in district court.
The panel, writing through Circuit Judge Stark, held that the Federal Circuit lacks jurisdiction to resolve Board appeals when the case involves an allegation of discrimination under 5 U.S.C. § 7702. The court cited 5 U.S.C. § 7703(b)(2), which grants exclusive jurisdiction over such cases to federal district courts. Relying on the Supreme Court's decision in Perry v. Merit Systems Protection Board, the court explained that when a discrimination allegation is present, the entire action must be resolved in district court to avoid prohibited bifurcation. The court noted that where jurisdiction lies in the district court under this statute, the entire action falls within that court's jurisdiction, and the Federal Circuit has no authority to split the case. The panel also referenced Williams v. Department of the Army and Punch v. Bridenstine to reinforce the consensus among courts that bifurcation is not permitted. Consequently, the court determined that the case was outside its jurisdiction to resolve the Board appeal and ordered a transfer under 28 U.S.C. § 1631 to the Eastern District of Pennsylvania, the venue where the underlying employment action occurred and where the case could be coordinated with Smiler's other pending litigation.
The case is now pending in the United States District Court for the Eastern District of Pennsylvania. The Federal Circuit's transfer order does not address the timeliness of Smiler's separate district court action, leaving that issue for the district court to resolve. This decision reinforces the requirement that discrimination claims in federal employment cases must be litigated entirely in district court, preventing parties from splitting their claims between the Federal Circuit and district courts.
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