Opinion

Mier v. Owens

  • 57 F.3d 747
  • 1995 WL 341777
Court
Court of Appeals for the Ninth Circuit
Filed
Jun 9, 1995
Status
Published
Author
Rymer
On the bench
Reinhardt, Rymer, Tang
Cited by
95 cases

holding that “Title VII coverage of civilians employed by the military encompasses actions brought by Guard technicians except when the challenged conduct is integrally related to the military’s unique structure.”

How later courts described this case

  • holding that “Title VII coverage of civilians employed by the military encompasses actions brought by Guard technicians except when the challenged conduct is integrally related to the military’s unique structure.”
  • affirming dismissal of a Title VII complaint that alleged Army National Guard officials discriminatorily denied military promotions to a technician, then suspended him from civilian employment as a result of the denial of the requisite military promotions; holding that the challenged conduct was integrally related to the military's unique structure because the claims were based on the plaintiff's not being promoted to a certain rank, but granting an exception to allow Title VII actions in other cases where the challenged conduct is not integrally related to the military's unique structure
  • stating that the Feres doctrine bars a Title VII claim by a Guard Technician only if the suit involves “personnel actions integrally related to the military’s unique structure”
  • holding that while Title VII applies to National Guard technicians, except when they challenge personnel actions integrally related to the military's unique structure

Written by the judges who cited it.

Distinguished

  • Distinguished by Norris v. McHugh, 857 F. Supp. 2d 1229 (2012)

    However, while Mier and Brown are factually distinguishable from the case at bar, the courts’ reasoning — and the policy behind that reasoning — is nonetheless informative.
    District Court, M.D. AlabamaMar 9, 2012Read it

The opinion

RYMER, Circuit Judge,

concurring:

I concur in Judge Tang’s opinion except for his statement of the holding, that

Title VII coverage of civilians employed by the military encompasses actions brought by Guard technicians except when the challenged conduct is integrally related to the military’s unique structure.

The only issue before us, and all that we rightfully decide, is whether a Guard technician’s challenge to personnel actions integrally related to the military’s unique structure is cognizable under Title VII. For the reasons his opinion sets out, I agree that such a challenge fails.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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