Lewis Simpson v. Whirlpool Corporation
This text of 573 F.2d 957 (Lewis Simpson v. Whirlpool Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
573 F.2d 957, 1978 U.S. App. LEXIS 11760, 17 Fair Empl. Prac. Cas. (BNA) 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-simpson-v-whirlpool-corporation-ca6-1978.