Retaliation in performance reviews
Hien Thi Nguyen v. Cao
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Nguyen’s petition asks the Supreme Court to review the district court’s decision to end her claims without a trial, which the Ninth Circuit upheld.
- Who it affects
- The denial ended Nguyen’s request for Supreme Court review; it did not endorse the Ninth Circuit’s reasoning or decide her claim.
Summary: written with AI from the case record.
What it's about
She argues that workplace conditions were hostile and that a 2010 Navy performance appraisal was discriminatory or retaliatory and later used in performance-based actions, including termination.
Nguyen's petition cited Navy investigative records that noted earlier equal-employment complaints, including her May 2010 report alleging age and gender discrimination.
Nguyen says the Navy’s 2010 performance review was discriminatory or retaliatory and later affected performance-based actions, including her termination.
Question presented
on Petitioner’s discriminatory and retaliatory performance appraisal claim, by failing to analyze Petitioner’s timely challenge to the FY2010 NSPS performance appraisal and its use in subsequent performance-based actions, including termination, despite agency investigative records documenting “Prior EEO Activity” during her tours and reflecting that Petitioner’s May 2010 report of age and gender discrimination was treated as prior protected activity and a reprisal theory?
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Case data updated: question_presented, extraction_metadata
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.