Federal judge dismisses lawsuit from fired ranger who flew trans Pride flag at Yosemite

A federal judge in California dismissed a lawsuit brought by a park ranger who was fired after helping fly a transgender Pride flag at Yosemite National Park.Earlier this year, Dr. SJ Joslin filed suit against the Department of the Interior following her termination. The nonbinary biologist argued the firing was illegal and violated their First Amendment and Privacy Act rights. But U.S. District Judge Jennifer L. Thurston, an appointee of former President Joe Biden, ruled that Joslin improperly bypassed the administrative process available to challenge the action and instead must pursue the remedies outlined in the Civil Service Reform Act. Thurston dismissed the case without prejudice, allowing Joslin to return to court after exhausting those administrative avenues.Related: Massive trans pride flag from national park becomes red carpet moment at Out100Joslin initiated that process in December, before filing the federal lawsuit. A final determination from the Office of Special Counsel is not expected until August. Joslin was still serving a probationary period when they were fired. Thurston said that while federal courts remain available to employees who believe they have been treated unlawfully, Joslin’s argument that judicial intervention is now warranted could create problems, including forum shopping.“To complicate matters further, Joslin’s argument implies not only that probationary employees can file complaints in a district court,” Thurston wrote. “It implies also that probationary employees can file lawsuits immediately, without waiting until the OSC completes its investigation and makes a decision. Joslin’s position therefore also conflicts with the more general principle ‘that an aggrieved federal employee must exhaust their claims before filing a federal lawsuit.’”Joslin was off duty when they and a group of fellow rock climbers hung a giant transgender Pride flag from El Capitan, the iconic Yosemite rock formation that has served as the