U.S. Court of Appeals for the Sixth Circuit, 1978

Lewis Simpson v. Whirlpool Corporation

Lewis Simpson v. Whirlpool Corporation
U.S. Court of Appeals for the Sixth Circuit · Decided April 10, 1978 · Celebrezze, Engel, Keith
573 F.2d 957; 1978 U.S. App. LEXIS 11760; 17 Fair Empl. Prac. Cas. (BNA) 1089 (Federal Reporter, Second Series)

Lewis Simpson v. Whirlpool Corporation

Opinion

ORDER

This appeal presents several important issues under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621-34. The district court dismissed appellant’s ADEA complaint on the ground that he had failed to commence proceedings with the Kentucky state agency charged with enforcement of state age discrimination laws before filing this lawsuit. The district court held that such prior resort to the state agency was required by 29 U.S.C. § 633(b). This Court rejected such a finding in Gabriele v. Chrysler Corp., 573 F.2d 949 (6th Cir. 1978).

For the reasons set forth in Gabriele, the judgment of the district court is reversed and the cause is remanded to the district court for further proceedings consistent with this Court’s opinion in Gabriele.

It is so ordered.

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