Reid v. Department of Transportation

Case: 26-1942 Document: 15 Page: 1 Filed: 10/27/2026 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ROBENA G. REID, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent ______________________ 2026-1942 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-21-0546-I-4. ______________________ ON MOTION ______________________ Before CHEN, LINN, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER Robena G. Reid appealed her removal from the Depart- ment of Transportation to the Merit Systems Protection Board, which affirmed-in-part and remanded for further adjudication of her claim of retaliation for equal employ- ment opportunity (“EEO”) activity—a claim she does not wish to abandon. ECF No. 8 at 1, 3. We must decide Case: 26-1942 Document: 15 Page: 2 Filed: 10/27/2026 2 REID v. DEPARTMENT OF TRANSPORTATION whether this court or a federal district court has jurisdic- tion. Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which involve an allegation of an action appealable to the Board and an al- legation that a basis for the action was covered discrimina- tion, 5 U.S.C. § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017); Diggs v, Dep’t of Hous. & Urb. Dev.,670 F.3d 1353, 1357 (Fed. Cir. 2011) (holding that the affirma- tive defense of retaliation for prior EEO activity generally “falls outside [of this court’s] jurisdictional reach”). Here, Ms. Reid continues pursuing allegations that her removal was based, at least in part, on covered discrimination such that her case generally belongs in district court. The Department suggests that the United States Dis- trict Court for the District of Columbia would be an appro- priate court because the underlying alleged conduct occurred while Ms. Reid was working from its headquar- ters in Washington, D.C. The Department, nevertheless, contends that transfer is unnecessary here because the Board’s remand order is not final. We disagree. Unlike the cases cited by the Department concerning review in this court, cases of discrimination may be brought in federal district court if there has been “no judicially reviewable ac- tion” by “the 120th day following the filing of an appeal with the Board.” 5 U.S.C. § 7702(e)(1)(B); see Butler v. West, 164 F.3d 634, 639 (D.C. Cir. 1999). Here, it has been more than 120 days since Ms. Reid filed her appeal. We therefore transfer to the District of Columbia. Accordingly, Case: 26-1942 Document: 15 Page: 3 Filed: 10/27/2026 REID v. DEPARTMENT OF TRANSPORTATION 3 IT IS ORDERED THAT: This matter and all case filings are transferred to the United States District Court for the District of Columbia pursuant to 28 U.S.C. § 1631. FOR THE COURT October 27, 2026 Date