Patricia Brooks v. Susan Grundmann

Opinion for the Court by Circuit Judge BROWN.

BROWN, Circuit Judge.

In a classic (and perhaps ironic) instance of quis custodiet ipsos custodies, we are presented with a case where the Merit Systems Protection Board — the entity charged with addressing the grievances of federal workers challenging discriminatory employment practices, see 5 U.S.C. § 2301(b)(2) — is itself accused of discrimination. A Board employee claims her supervisors engendered a hostile work environment, discriminating against her on the basis of her race and sex. We conclude that, while the supervisors’ actions may have…