Sheila M. BOLAR, Plaintiff-Appellant, v. Anthony M. FRANK, Postmaster Gen. of the United States Postal Serv., Defendant-Appellee, 938 F.2d 377 (2d Cir. 1991). · Go Syfert
Sheila M. BOLAR, Plaintiff-Appellant, v. Anthony M. FRANK, Postmaster Gen. of the United States Postal Serv., Defendant-Appellee, 938 F.2d 377 (2d Cir. 1991). Cases Citing This Book View Copy Cite
54 citation events (34 in the last 25 years) across 25 distinct courts.
Strongest positive: Gamble v. United States Postal Service (MAG2) (almd, 2024-08-09) · Strongest negative: Trierweiler v. Croxton & Trench Holding Corp. (ca10, 1996-09-06)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited "but see" Trierweiler v. Croxton & Trench Holding Corp. (2×) also: Cited "see"
10th Cir. · 1996 · signal: but see · confidence high
But see Bolar v. Frank, 938 F.2d 377, 380 (2d Cir.1991) (interests of justice merited a transfer because plaintiff might have been time barred from initiating a new action); Cox Enterprises, Inc. v. Holt, 691 F.2d 989 , 990 & n. 1 (11th Cir.1982) (same).
discussed Cited "but see" Daniel J. Trierweiler v. Croxton and Trench Holding Corporation, a Delaware Corporation Dublin Osaka Group, Inc., a Nevada Corporation R&b Financial Group, a Texas Corporation Columbus Equities International, Inc., Formerly Known as Parsons Securities, Inc., an Ohio Corporation Monetary Fund, Inc., a Texas Corporation Charles W. Trench Benjamin C. Croxton, an Individual Ralph Ben-Schoter Gary S. Okizaki, an Individual Margaret E. Kerr, an Individual Steven Kerr, an Individual Edward R. Lucero, an Individual Leo Copeland, an Individual Steven W. Kochensparger, an Individual Martin Howard Corsberg, an Individual U.S. Monetary Fund, Inc., a Texas Corporation Herbert Watkins, and Wenner, Silvestain & Company, a Colorado Partnership John D. Brasher, Jr., an Individual James G. Watt, an Individual Stephen L. Wenner Gary P. Saltzman Lawrence L. Greenberg Barry H. Silvestain, and MacHol Davis & Michael, P.C. James A. Kaplan, an Individual, Defendants-Third-Party-Plaintiffs-Appellees, and Robert Cooper, Thomas C. Clinton, Third-Party-Defendants. Daniel J. Trierweiler v. MacHol Davis & Michael, P.C., Formerly Known as MacHol & MacHol P.C., a Colorado Corporation James A. Kaplan, Wenner Silvestain & Company, a Colorado General Partnership John D. Brasher, Jr. (2×) also: Cited "see"
3rd Cir. · 1996 · signal: but see · confidence high
But see Bolar v. Frank, 938 F.2d 377, 380 (2d Cir.1991) (interests of justice merited a transfer because plaintiff might have been time barred from initiating a new action); Cox Enterprises, Inc. v. Holt, 691 F.2d 989 , 990 & n. 1 (11th Cir.1982) (same). 76 We find plaintiff's arguments more compelling for the following reasons.
examined Cited as authority (verbatim quote) Gamble v. United States Postal Service (MAG2)
M.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
almost uniformly, courts considering this question have applied section 2000e-5(f)(3) to determine venue in employment discrimination actions premised on title vii or, as in this case, the rehabilitation act.
examined Cited as authority (verbatim quote) Gamble v. DeJoy
D. Conn. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
almost uniformly, courts considering this question have applied section 2000e-5(f)(3) to determine venue in employment discrimination actions premised on title vii or, as in this case, the rehabilitation act.
discussed Cited as authority (verbatim quote) Aytes v. McWilliams
N.D. Okla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the remedial and procedural provisions of title vii, including section 2000e-5(f)(3), are incorporated in the rehabilitation act of 1973...
discussed Cited as authority (rule) JOHNSON v. DUCHARME
D.N.J. · 2025 · confidence medium
The “functional purpose of [S]ection 1406(a)” is to “remov[e] whatever obstacles may impede an expeditious and orderly adjudication of cases and controversies on their merits.” Bolar v. Frank, 938 F.2d 377, 380 (2d Cir. 1991) (quoting Goldlawr, 369 U.S. at 466–67).
discussed Cited as authority (rule) Johnson v. State Troopper Ducharme 8724
E.D.N.Y · 2025 · confidence medium
The “functional purpose of [S]ection 1406(a)” is to “remov[e] whatever obstacles may impede an expeditious and orderly adjudication of cases and controversies on their merits.” Bolar v. Frank, 938 F.2d 377, 380 (2d Cir. 1991) (quoting Goldlawr, 369 U.S. at 466–67).
cited Cited as authority (rule) Phillips v. Harford Community College
W.D. Ark. · 2024 · confidence medium
See Johnson v. Payless Drug Stores Northwest, Inc., 950 F.2d 586 , 587–88 (9th Cir. 1991); Bolar v. Frank, 938 F.2d 377, 379 (2d Cir. 1991).
discussed Cited as authority (rule) Douglas v. Sentel Corporation
E.D. Va. · 2020 · confidence medium
Va. 1997) (same).° the two statutes, well settled principles of statutory construction dictate that the later, specific venue provision (section 2000e-5(f)(3)) applies rather than the earlier, general venue provision (section 1391[b])).”) (quoting Bolar v, Frank, 938 F.2d 377, 378 (2d Cir. 1991)); Pierce v. Shorty Small’s of Branson, Inc., 137 F.3d 1190, 1191 (10th Cir. 1998) (“It has long been settled in this circuit that this provision, rather than the general venue statute, governs venue in Title VII actions.”); Stebbins v. State Farm Mut.
discussed Cited as authority (rule) Rodriguez-Aragones v. Pompeo
D.R.I. · 2019 · confidence medium
Defendant argues that Plaintiff’s suit does not meet the criteria for venue in Rhode Island under either of those statutes.1 1 Plaintiff does not mention 28 U.S.C. § 1391 (e), but that is the general venue statute for suits against federal officers in their official capacity, while § 1391(b) applies to suits against federal officers in their individual capacity. 42 U.S.C. § 2000e-5(f)(3) is the venue provision for Title VII employment discrimination actions, and courts both within this Circuit and other Circuits have held that it is exclusive in nature.2 “Almost uniformly, courts consid…
discussed Cited as authority (rule) Doyle v. United Airlines, Inc.
E.D.N.Y · 2012 · confidence medium
Sept. 29, 2010) ("A specific statutory provision, 42 U.S.C. § 2000e-5(f)(3), which is codified in Title VII and incorporated by the Rehabilitation Act, governs venue for claims under both Title VII and the Rehabilitation Act.”) (citing Bolar v. Frank, 938 F.2d 377, 378 (2d Cir.1991)). .
discussed Cited as authority (rule) Langford v. International Union of Operating Engineers, Local 30
S.D.N.Y. · 2011 · confidence medium
Defendants cite Bolar v. Frank, 938 F.2d 377, 378-79 (2d Cir.1991), for the proposition that the Title VII venue provision “evinces congressional intent that venue for actions brought under the Act be limited to district courts having a connection with the alleged discrimination.” (Local 30 Mem. at 25.) Because the facts in this case connect with the Eastern District, not the Southern District, defendants argue that venue is proper only in that district.
discussed Cited as authority (rule) Foley v. Holder
D.D.C. · 2010 · confidence medium
Nevertheless, § 2000e-5(f)(3) “clearly evinces congressional intent that venue for actions brought under the Act be limited to district courts having a connection with the alleged discrimination.” Bolar v. Frank, 938 F.2d 377, 378-79 (2d Cir. 1991) (discussing Rehabilitation Act that incorporates § 2000e-5(f)(3)).
discussed Cited as authority (rule) Johnson v. General Dynamics Information Technology, Inc.
D.N.H. · 2009 · confidence medium
Corp., 353 U.S. 222, 228 , 77 S.Ct. 787 , 1 L.Ed.2d 786 (1957), Johnson v. Payless Drug Stores N.W., Inc., 950 F.2d 586, 587-88 (9th Cir.1991), and Bolar v. Frank, 938 F.2d 377, 378-79 (2d Cir.1991), all of which held that similar venue provisions in other *241 federal laws trumped the general venue statute).
discussed Cited as authority (rule) Tamashiro v. Harvey
D. Haw. · 2006 · confidence medium
Identifying Proper Venues Cases that are not founded solely on diversity of citizenship may only be brought, except when the law provides otherwise, in a judicial district (1) where the defendant resides; (2) in which a substantial part of the events or omissions giving rise to the controversy occurred; or (3) where the defendant may be found, if no other appropriate district exists. 28 U.S.C. § 1391 (b) (“Section 1391”). 3 However, this general venue statute “has its limitations.” Johnson v. Payless Drug Stores Northwest, Inc., 950 F.2d 586, 587 (9th Cir.1991) (quoting Bolar v. Frank…
discussed Cited as authority (rule) Borowiec v. GATEWAY 2000, INC. (2×)
Ill. · 2004 · confidence medium
See, e.g., Tug Allie-B, Inc. v. United States, 273 F.3d 936, 949-50 (11th Cir. 2001); Bolar v. Frank, 938 F.2d 377, 379 (2d Cir. 1991).
cited Cited as authority (rule) Borowiec v. Gateway 2000, Inc. Corrected 5/6/04
Ill. · 2004 · confidence medium
See, e.g. , Tug Allie-B, Inc. v. United States , 273 F.3d 936, 949-50 (11th Cir. 2001); Bolar v. Frank , 938 F.2d 377, 379 (2d Cir. 1991).
discussed Cited as authority (rule) de Rojas v. Trans States Airlines, Inc.
D.N.J. · 2001 · confidence medium
As the Second Circuit has stated in the Title VII context, “venue for [plaintiffs] right of action is circumscribed by the very statute that gives [him] the right to sue in the first place.” Bolar v. Frank, 938 F.2d 377, 378 (2d Cir.1991).
discussed Cited as authority (rule) Beland v. US Dept. of Transportation
D.N.H. · 2001 · confidence medium
Frank, 938 F.2d 377, 378-79 (2d Cir. 1991) (per curiam) (holding that the specific venue provision controls venue for actions under Title VII of the Civil Rights Act to the exclusion of the general venue statute), and Johnson v .
cited Cited as authority (rule) Foxx v. Dalton
M.D. Fla. · 1999 · confidence medium
Defendant points out that the “shall govern” language in section 2000e-16(d) is mandatory under Bolar v. Frank, 938 F.2d 377, 379 (2nd Cir.1991).
discussed Cited as authority (rule) Harding v. Williams Property Co
4th Cir. · 1998 · confidence medium
Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962). 5 Venue of a Title VII action is therefore "circumscribed by the very statute that gives ... the right to sue in the first place." Bolar v. Frank, 938 F.2d 377, 378 (2nd Cir. 1991) (per curiam).
discussed Cited as authority (rule) United States v. Manuel Antonio Torres-Echavarria, A/K/A Manuel Baez
2d Cir. · 1997 · confidence medium
See United States v. Moran, 236 F.2d 361, 363 (2d Cir.1956) (holding that where a general and a specific statute prohibit the same conduct, the specific statute controls); Poole v. Kelly, 954 F.2d 760, 763 (D.C.Cir.1992) (per curiam) (holding that Good Time Credit Act, a general statute, did not take precedence over the specific twenty-year minimum sentence-imposed on-persons convicted of first-degree murder under the D.C.Code); see also American Land Title Ass'n v. Clarke, 968 F.2d 150 , 157 (2d Cir.1992) ("We are guided by the principle that where two statutes conflict, the statute that addr…
discussed Cited as authority (rule) Maurice Cortez Proctor v. Michael J. Morrissey
4th Cir. · 1996 · confidence medium
The record on appeal is adequate to allow us to do so without further factual development, and authority for doing so is provided by 28 U.S.C. § 2106 under which in exercise of our appellate remedial powers we may "direct the entry of such appropriate ... order ... as may be just under the circumstances." See also Bolar v. Frank, 938 F.2d 377, 379-80 (2d Cir.1991) (appellate court may transfer directly). 22 Under 28 U.S.C. § 1406 (a), when a case is filed "laying venue in the wrong division or district," a transfer to "any district or division in which it could have been brought" may be orde…
discussed Cited as authority (rule) Proctor v. Morrissey
4th Cir. · 1996 · confidence medium
The record on appeal is adequate to allow us to do so without further factual development, and authority for doing so is provided by 28 U.S.C.§ 2106 under which in exercise of our appellate remedial powers we may "direct the entry of such appropriate . . . order . . . as may be just under the circumstances." See also Bolar v. Frank, 938 F.2d 377, 379-80 (2d Cir. 1991) (appellate court may transfer directly).
discussed Cited as authority (rule) Takkallapelli v. Builders Square
D.N.H. · 1995 · confidence medium
Discussion Title VII details four bases for venue, Bolar v. Frank, 938 F.2d 377, 378 (2d Cir. 1991), which alternative forums have been described as "necessary to support the desire of Conqress to afford citizens full and easy redress of civil riqhts qrievances." Richardson v. Alabama State Bd. of Educ., 935 F.2d 1Plaintiff also advances a pendent claim pursuant to state common law. 228 U.S.C. § 1406 (a) provides: The district court of a district in which is filed a case layinq venue in the wronq division or district shall dismiss,or ifit be in the interest of justice, transfer such case to a…
cited Cited as authority (rule) Leroy H. JOHNSON, Jr., Plaintiff-Appellant, v. PAYLESS DRUG STORES NORTHWEST, INC., Dba Wonder World, Et Al., Defendants-Appellees
9th Cir. · 1991 · confidence medium
Thus, it is clear that section 1391 “has its limitations.” Bolar v. Frank, 938 F.2d 377, 378 (2d Cir.1991) (per curiam).
discussed Cited "see" FERRARI v. BUTTIGIEG
S.D. Ind. · 2023 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377 , 378–79 (2d Cir. 1991) (“By incorporating section 2000e–5(f)(3), the Rehabilitation Act clearly evinces congressional intent that venue for actions brought under the Act be limited to district courts having a connection with the alleged discrimination” (citing Stebbins v. State Farm Mut.
discussed Cited "see" Ferrari v. US Department of Transportation
S.D. Ohio · 2023 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377 , 378–79 (2d Cir. 1991) (“By incorporating section 2000e–5(f)(3), the Rehabilitation Act clearly evinces congressional intent that venue for actions brought under the Act be limited to district courts having a connection with the alleged discrimination” (citing Stebbins v. State Farm Mut.
discussed Cited "see" Sadat v. State University of New York Upstate Medical University
S.D.N.Y. · 2019 · signal: see · confidence high
Under the ADA and the Rehabilitation Act, venue is proper “in any judicial district in the State in which the unlawful employment practice is alleged to have been committed.” 42 U.S.C. § 2000e-5(f)(3) (emphasis added); see Bolar v. Frank, 938 F.2d 377, 378-79 (2d Cir. 1991); Banfield v. UHS Home Attendants, Inc., No. 96-CV-4850 (JFK), 1997 WL 342422 , at *1 (S.D.N.Y.
cited Cited "see" Thackurdeen v. Duke University
2d Cir. · 2016 · signal: see · confidence high
Minnette v. Time Warner, 997 F.2d 1023, 1026 (2d Cir. 1993); see Bolar v. Frank, 938 F.2d 377, 379-80 (2d Cir. 1991).
discussed Cited "see" Martinez v. Bloomberg LP (2×)
2d Cir. · 2014 · signal: see · confidence high
Along with several other circuits that confronted similar 8 claims against Lloyd’s, however, we concluded that because “there [were] ample 9 and just remedies under English law[,] . . . we [could ]not say that the policies 10 underlying our securities laws will be offended by the application of English 11 law.” Id. at 1366 ; see also Bonny, 3 F.3d at 161 ; Haynsworth, 121 F.3d at 969-70 ; 12 Riley, 969 F.2d at 958; Allen v. Lloyd’s of London, 94 F.3d 923 , 929 (4th Cir. 1996). 13 Similar to the securities laws’ anti-waiver provision, the ADA incorporates 14 Title VII of the Civil Rig…
discussed Cited "see" Dehaemers v. Wynne
D.D.C. · 2007 · signal: see · confidence high
See Beaird v. Gonzales, 495 F.Supp.2d 81 , 84 n. 3 (D.D.C.2007) (citing Bolar v. Frank, 938 F.2d 377, 379 (2d Cir.1991) (citing, inter alia, Archuleta v. Sullivan, 725 F.Supp. 602, 604 (D.D.C.1989))).
cited Cited "see" Beaird v. Gonzales
D.D.C. · 2007 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377, 379 (2nd Cir.1991) (citing, inter alia, Archuleta v. Sullivan, 725 F.Supp. 602, 604 (D.D.C.1989)).
cited Cited "see" Elfand v. United States
2d Cir. · 2006 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377, 380 (2d Cir.1991) (transferring the case on appeal directly to a district court in which venue properly lies).
discussed Cited "see" Román Martínez v. Potter
D.P.R. · 2005 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377 (2nd Cir.1991); Benton v. England, 222 F.Supp.2d 728 (D.Md.2002); Lengacher v. Reno, 75 F.Supp.2d 515 (E.D.Ya.1999); Sconion v. Thomas, 603 F.Supp. 66 (D.D.C.1984); Chubb v. Union Pacific R.
cited Cited "see" Bruce v. United States Department of Justice, Federal Bureau of Investigation
N.D.N.Y. · 2001 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377, 378 (2d Cir.1991).
discussed Cited "see" Rita J. Minnette v. Time Warner (2×)
2d Cir. · 1993 · signal: see · confidence high
See Bolar v. Frank, 938 F.2d 377, 379-80 (2d Cir.1991) (per curiam).
discussed Cited "see, e.g." Stilwell v. Northwell Health, Inc.
S.D.N.Y. · 2025 · signal: see also · confidence medium
Claims proceeding under Title VII are subject to a separate venue provision, which provides that venue is proper in, among other places, “any judicial district in the State in which the unlawful employment practice is alleged to have been committed.” 42 U.S.C. § 2000e–5(f)(3); see also Bolar v. Frank, 938 F.2d 377, 378-79 (2d Cir. 1991) (§ 2000e–5(f)(3) displaces the general venue statute for Title VII claims).
discussed Cited "see, e.g." Winner v. Tryko Partners, LLC
W.D.N.Y. · 2018 · signal: see also · confidence low
In this case, with respect to venue, Title VII expressly provides as follows: [A]n action [brought under this subchapter] may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judi…
cited Cited "see, e.g." Garofalo v. Empire Blue Cross and Blue Shield
S.D.N.Y. · 1999 · signal: see also · confidence medium
See In re Ionosphere Clubs, Inc., 922 F.2d 984 , 991 (2d Cir.1990); see also Bolar v. Frank, 938 F.2d 377, 379 (2d Cir.1991).
discussed Cited "see, e.g." Naegler v. Nissan Motor Co., Ltd.
W.D. Mo. · 1993 · signal: see also · confidence medium
Here it is urged that plaintiff may face a statute of limitations problem if this matter is dismissed rather than transferred. 7 The argument that transfer, rather *1159 than dismissal, is in the interest of justice is especially compelling in cases-which, if dismissed, might be time barred because the statute of limitations has run. 15 WRIGHT, MILLER & COOPER, supra, § 3827 at 268-69; see also Bolar v. Frank, 938 F.2d 377, 380 (2d Cir.1991).
Retrieving the full opinion text from the archive…
56 Fair empl.prac.cas. 577, 56 Empl. Prac. Dec. P 40,871 Sheila M. Bolar
v.
Anthony M. Frank, Postmaster General of the United States Postal Service
1699, Docket 91-6060.
Court of Appeals for the Second Circuit.
Jul 11, 1991.
938 F.2d 377
Denny Chin, New York City, for plaintiff-appellant., Tai H. Park, Asst. U.S. Atty., Southern District of New York, New York City (Otto G. Obermaier, U.S. Atty. for the Southern District of New York, Marla Alhadeff, Asst. U.S. Atty., Southern District of New York, New York City, of counsel), for defendant-appellee.
Meskill, Kearse, McLaughlin.
Cited by 47 opinions  |  Published
PER CURIAM:

Shelia M. Bolar appeals from a judgment of the United States District Court for the Southern District of New York, Patterson, J., dismissing her complaint against her former employer, the Postmaster General of the United States Postal Service (USPS), for lack of venue.

Bolar claims that the Southern District of New York is an appropriate venue for this handicap discrimination action under 28 U.S.C. § 1391(e) or, alternatively, that the action should be transferred to the Southern District of Ohio rather than be dismissed. The USPS cross-appeals, contending that the district court also should have dismissed the action due to Bolar’s failure to exhaust administrative remedies in enforcing her administrative award. We first address the question of venue.

The competing venue provisions are 28 U.S.C. § 1391(e) and 42 U.S.C. § 2000e-5(f)(3). Section 1391(e) is a general venue provision. It permits a case to be brought against the federal government in the district where the plaintiff resides. Section 2000e-5(f)(3) was enacted two years after section 1391(e) and is part of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. The remedial and procedural provisions of Title VII, including section 2000e-5(f)(3), are incorporated in the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., under which Bolar brought this action. See 29 U.S.C. § 794a(a)(l). Section 2000e-5(f)(3) states:

[A]n action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office.

Bolar concedes that, with respect to her lawsuit, the Southern District of New York does not satisfy any of the four bases for venue delineated in section 2000e-5(f)(3). If, however, section 1391(e) governs this action then Bolar, who currently resides in New York City, may bring her lawsuit in the Southern District of New York.

The relevant statutory language and case law convince us that section 2000e-5(f)(3) controls the question of venue in this instance. It is clear that section 1391(e) has its limitations. It applies to civil actions in which an agency of the United States is a defendant “except as otherwise provided by law.” Section 2000e-5(f)(3), having been incorporated into the Rehabilitation Act, is one such law that “otherwise provide[s].” Moreover, venue for Bolar’s right of action is circumscribed by the very statute that gives her the right to sue in the first place. See Stebbins v. State Farm Mutual Automobile Ins. Co., 413 F.2d 1100, 1102-03 (D.C.Cir.) (per curiam) (applying section 2000e-5(f), not section 1391(c), to Title VII claim), cert. denied, 396 U.S. 895, 90 S.Ct. 194, 24 L.Ed.2d 173 (1969). By incorporating section 2000e-5(f)(3), the Rehabilitation Act clearly evinces congressional intent that venue for ac[*379] tions brought under the Act be limited to district courts having a connection with the alleged discrimination. See id. Another provision of Title VII also supports this interpretation. Section 2000e-16(d) of Title VII states that “[t]he provisions of section 2000e-5(f) through (k) of this title, as applicable, shall govern” employment discrimination actions. The “shall govern” language is mandatory. As such, it undermines Bolar’s point that Title VII does not refer specifically to the inapplicability of section 1391(e). Finally, given the conflict between the two statutes, well settled principles of statutory construction dictate that the later, specific venue provision (section 2000e-5(f)(3)) applies rather than the earlier, general venue provision (section 1391(e)).

Almost uniformly, courts considering this question have applied section 2000e-5(f)(3) to determine venue in employment discrimination actions premised on Title VII or, as in this case, the Rehabilitation Act. See, e.g., Stebbins, 413 F.2d at 1102-03; Templeton v. Veterans Admin., 540 F.Supp. 695, 696-97 (S.D.N.Y.1982) (Title VII claim governed by section 2000e-5(f)(3), not section 1391); Arrocha v. Panama Canal Comm’n, 609 F.Supp. 231, 234-35 (E.D.N.Y.1985) (same); Archuleta v. Sullivan, 725 F.Supp. 602, 604 (D.D.C.1989) (Rehabilitation Act claim controlled by section 2000e-5(f)(3) rather than section 1391). Attempting to parry this authority, Bolar cites two district court cases, Eberhart v. Baker, 652 F.Supp. 1475, 1476 (W.D.Pa.1987), and Wright v. Columbia University, 520 F.Supp. 789, 795 (E.D.Pa.1981), in which the broader venue provisions of section 1391 were applied to employment discrimination actions. These cases deserve little weight, however. Neither of them acknowledges section 2000e-5(f)(3) or discusses the above case law.

Having determined that the venue provisions of section 2000e-5(f)(3) govern Bolar’s claim, we must consider her alternative request. For the first time on appeal, she asks that rather than dismiss the action we transfer it pursuant to 28 U.S.C. § 1406(a). This request raises two questions. First, as an appellate court, do we have authority to transfer a case to a federal district court under section 1406(a)? Second, if we do, should we exercise that authority in this instance? The government, it bears note, has taken no position on the issue of our authority to transfer the action directly.

Section 1406(a) does not mention whether an appellate court may transfer an action to cure a venue defect. It only refers to a district court’s authority to transfer a case to the appropriate judicial district. Other circuit courts, seeking to further judicial economy and the underlying policies of section 1406, have granted transfer requests to plaintiffs who did not make such a request before the district court. See Cox Enterprises, Inc. v. Holt, 691 F.2d 989, 990 (11th Cir.1982) (transferring case, which had been dismissed for lack of personal jurisdiction, to Northern District of Georgia pursuant to section 1406(a)); cf. Dr. John T. MacDonald Foundation v. Califano, 571 F.2d 328, 332 (5th Cir.) (in banc) (transferring appeal from administrative decision, which district court did not have jurisdiction to review, to the Court of Claims under former section 1406(c), which, like section 1406(a), made no reference to appellate courts), cert. denied, 439 U.S. 893, 99 S.Ct. 250, 58 L.Ed.2d 238 (1978). Several circuit courts also have found an inherent power to transfer administrative review proceedings over which they have jurisdiction but not venue to other circuit courts. See, e.g., Alexander v. C.I.R., 825 F.2d 499, 501-02 (D.C.Cir.1987) (per curiam) (holding that 28 U.S.C. § 1631, which authorizes transfer from a federal court without jurisdiction to a federal court with jurisdiction, did not implicitly revoke inherent power to transfer cases where venue is lacking); Clark & Reid Co., Inc. v. United States, 804 F.2d 3, 7 (1st Cir.1986) (holding that circuit court has “ ‘an inherent discretionary power to transfer the proceeding to another circuit in the interest of justice and sound judicial administration’” (quoting Eastern Air Lines, Inc. v. CAB, 354 F.2d 507, 510 (D.C.Cir.1965))); Panhandle Eastern Pipe Line Co. v. Federal Power Comm’n, 337 F.2d 249, 252 (10th Cir.1964)[*380] (transferring petition for review of administrative decision from Tenth Circuit, which did not have venue, to Eighth Circuit, which did). Cf. American Telephone & Telegraph Co. v. F.C.C., 519 F.2d 322, 325 (2d Cir.1975) (finding “inherent power to order” the transfer of a petition for review of an administrative decision, over which both it and another circuit had jurisdiction and venue, “in the interest of justice and sound judicial administration”).

In accord with the functional purpose of section 1406(a) — “that of removing whatever obstacles may impede an expeditious and orderly adjudication of cases and controversies on their merits,” Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466-67, 82 S.Ct. 913, 916, 8 L.Ed.2d 39 (1962) — and the interests of judicial economy, we hold that we have authority to transfer this matter directly to the Southern District of Ohio. Moreover, because Bolar might be time barred from initiating a new action in this matter, “the interest of justice” merits such a transfer.

One other issue warrants brief attention. The government also argued below that Bolar’s claim should be dismissed because she had not exhausted her administrative remedies. The district court rejected this argument based in part on the government’s failure to cite any supporting precedent. In its appellate brief, however, the government has cited one case, Curtis v. Mosbacher, 55 EPD ¶ 40,477 (p. 65,378), 1990 WL 78516 (D.D.C.1990), supporting its exhaustion argument. In view of the district court's inability to consider the Curtis case and of our decision to transfer this case to the Southern District of Ohio, we will vacate the district court’s decision and thereby allow the Southern District of Ohio to consider the government’s exhaustion defense in the first instance.

In sum, section 2000e-5(f)(3) governs venue of this employment discrimination claim. Venue of the action therefore does not lie in the Southern District of New York. Rather than dismiss Bolar’s claim, however, we vacate the district court’s judgment and transfer the case directly to the Southern District of Ohio. The Southern District of Ohio may thereafter consider the government’s exhaustion defense.