What is the test for preemption under Title VII of the Human Rights Code?

MultiRegion, United States of America

The following excerpt is from Tijerina v. Dalton, 139 F.3d 908 (9th Cir. 1998):

Tijerina argues that the district court erred in dismissing his claims unrelated to discrimination or retaliation. For example, Tijerina alleges that his due process and privacy rights were violated during the processing of his EEO complaints. These and similar claims, however, are based upon employment actions taken by his supervisors allegedly due to either discrimination or reprisal. Moreover, Tijerina's allegations do not fit the "highly personal violation" exception to Title VII preemption. See Brock v. United States, 64 F.3d 1421, 1423 (9th Cir.1995) (discussing exception). We therefore conclude that Tijerina's constitutional and statutory claims are preempted by Title VII to the extent that they are premised on racial discrimination or retaliation.

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