William Jolley filed a lawsuit against the United States alleging that the Uniformed Services Employment and Reemployment Rights Act (USERRA) unconstitutionally restricted his ability to litigate claims as a federal employee. Jolley, a former U.S. Department of Housing and Urban Development employee and Air Force veteran, had filed USERRA complaints with the Merit Systems Protection Board (MSPB), asserting he was denied promotions to GS-15 Director positions due to military service and prior USERRA filings.
Dissatisfied with the administrative process, Jolley brought a federal lawsuit in March 2020, claiming that USERRA’s structure violated his constitutional rights. He specifically challenged (1) the statute’s prohibition against federal employees filing USERRA claims directly in federal court, (2) the use of non-Article III administrative judges under Article III of the Constitution, and (3) the appointment process for MSPB judges, citing the Supreme Court’s decision in Lucia v. SEC.
Jolley’s case was filed while two of his USERRA complaints remained pending before the MSPB. He argued that his constitutional challenges should allow him to bypass the administrative route. The government moved to dismiss for lack of subject matter jurisdiction. Jolley filed a motion for partial summary judgment on his Appointments Clause claim.
The court reviewed the statutory USERRA framework, which channels federal employee claims through the MSPB. It noted that while MSPB administrative judges lack authority to rule on constitutional questions, appellate review is available through the Federal Circuit, which can address such issues. The court found that the existence of an eventual judicial review route met constitutional standards.
Jolley also argued that due to a lack of quorum on the MSPB, his claims were indefinitely stalled. While the court acknowledged the practical delays, it held that political gridlock did not create subject matter jurisdiction.
The U.S. District Court for the District of Columbia granted the government’s motion to dismiss for lack of subject matter jurisdiction and denied Jolley’s motion for partial summary judgment. It found that USERRA’s administrative process for federal employees remained the exclusive avenue for raising claims, even those involving constitutional challenges.
If your military service has affected your employment opportunities, Whitcomb, Selinsky PC handles claims under the Uniformed Services Employment and Reemployment Rights Act, including those involving discrimination, retaliation, and reemployment rights. Reach out to schedule a consultation and learn how our team can assist with your claim.