Day v. Azar
Court of Appeals for the D.C. Circuit
1Opinion of the Court
TREVOR N. McFADDEN, United States District Judge
On September 30, 2016, Phyllis Day filed a Complaint in the Superior Court of the District of Columbia, alleging that her employer, the Department of Health and Human Services, retaliated against her in 2011 and 2012 for engaging in activity protected by Title VII.1 The Secretary of the Department removed the case to this court under 28 U.S.C. § 1442(a)(1) and moved to dismiss the case for lack of jurisdiction, failure to exhaust administrative remedies, and failure to state a claim. Ms. Day, who hired counsel after filing her Complaint,…
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