Court May Not Review Agency Decision To Exclude Applicant From Nuclear Jobs

The Department of Energy’s decision not to certify a black applicant for jobs involving access to nuclear materials is not subject to court review for alleged race discrimination under Title VII of the 1964 Civil Rights Act because the agency process is akin to a security clearance evaluation insulated from judicial review, the U.S. Court of Appeals for the District of Columbia Circuit ruled May 13 (Foote v. Moniz, 2014 BL 132366, D.C. Cir., 13-5093, 5/13/14).

Affirming dismissal of Ronnie Foote’s Title VII suit against the DOE, the D.C. Circuit said court review of the agency’s Human ...