p 16 and took actions with the purpose and effect of suppressing criticism by EELC members of Library policies, see id. p 15 interfered with the relationship between the EELC and the BELC, id. The complaint also alleged that the Library refused the EELC's request for a dues checkoff system, id. The complaint alleged that the Library had attempted to gain access to the EELC's membership list, denied its request for office space, and refused it other services generally provided to recognized organizations. 2000e-16, and the first and fifth amendments. They asserted claims against the Librarian of Congress, the Library, and the United States under section 717 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. The EELC, Perry, Cook, and five other members of the EELC brought the first of the consolidated actions involved in this appeal on August 22, 1980. This court dismissed Cook and Perry's appeal on the grounds that they had waived their Title VII claims, and that the judgment against them in the court of claims was res judicata as to their other statutory and constitutional claims. Because Cook and Perry were unwilling to proceed only on their Title VII claims, those claims were also dismissed. It ruled that Title VII was the exclusive judicial remedy for claims of discrimination in federal employment, and the plaintiffs therefore could not assert claims under the first and fifth amendments. The district court dismissed the action on February 11, 1980. Among the many allegations of mistreatment and discrimination were some that described Library efforts to impede actions Cook and Perry took on behalf of the EELC and the BELC, and retaliation against Cook and Perry based on those actions. This action sought damages, rescission of the disciplinary measures imposed on Cook and Perry, and wide-ranging equitable relief. In February of 1979, Cook and Perry brought another action in the United States District Court for the District of Columbia against the Librarian of Congress. 84-5093 and remand those claims, together with the constitutional claims that may be maintained apart from Title VII, for further proceedings. We therefore vacate summary judgment on the Title VII claims in No.
We find in addition that the district court misstated the appropriate standard for determining, on a defendant's motion for summary judgment, whether a Title VII plaintiff may succeed at trial in establishing a prima facie case. We find that Title VII is the exclusive remedy for some but not all of the EELC's constitutional claims, and we therefore affirm in part and reverse in part the district court's constitutional holding. It then held that the EELC could not make out a prima facie case under Title VII. The district court dismissed the constitutional claims on the ground that Title VII is the exclusive remedy for charges of discrimination in federal employment. The EELC alleged that the Library's decision discriminated on the basis of national origin in violation of Title VII, and also violated the first and fifth amendments. 84-5093, was filed after the Library withdrew recognition of EELC as an official employee organization. We affirm the district court's dismissal of the Title VII claims in that case. 84-5092 and remand those claims for further proceedings. We find that claim preclusion does not bar the constitutional claims in No. The district court then dismissed the Title VII claims for failure to exhaust administrative remedies. The district court held that because two EELC officers unsuccessfully asserted constitutional claims based on similar discrimination in a previous lawsuit, claim preclusion barred other EELC members and the organization itself from litigating the constitutional issues in this case. 2000e-16, and the first and fifth amendments to the Constitution by denying the EELC privileges granted to other recognized employee organizations. 84-5092, the EELC alleged that the Library violated section 717 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. In these two consolidated cases, an organization called the Ethnic Employees of the Library of Congress (EELC) and several of its officers and members appeal from summary judgment dismissing claims against the Librarian of Congress, the Library of Congress, and the United States.