Court Lacks Subject Matter Jurisdiction over Federal ?Employee?s? Defamation ?and Intentional Interference Claims
The plaintiff, a federal employee, applied for a promotion ?as ?a ?Treasury ?Auditor.???? He ?was offered the position subject to a background check, which he failed. ?The plaintiff sued a co- worker interviewed for the check for defamation and the department manager for intentional interference with employment. ?The district court dismissed on the grounds that the employee?s claims were barred by exclusive remedy provisions of the Civil Service Reform Act. ?The Ninth Circuit agreed, holding that the CSRA covered claims against both federal employees who sought recommendations regarding employment and those who provided them. Mathesian v. Lee, No. 04-15093 (05/10/05; Noonan, Thompson, Rymer).