Sixth Circuit -- Sheryl Taylor v. Timothy Geithner

Congress has not explicitly waived sovereign immunity for Title VII Breach of Settlement claims -- relevant administrative regulation does not specify any Article III remedy.

Fifty-two job applications (denied) coeval with the protected activity is sufficient to create a justiciable issue of retaliation.

Concur/dissent - No proof that plaintiff was qualified for jobs or suffered harm by the denial, no hard proof of adverse action within time period.  Temporal proximity alone not enough to establish causation.


Sheryl Taylor v. Timothy Geithner