US Supreme Court declines to review a 9th Circuit holding that the ADEA is the exclusive remedy available to individuals alleging unlawful age discrimination by a California governmental entity
Source: Meyers Nave PLC. Reproduced with permission. Copyright © 2013, Meyers Nave. All rights reserved.
Meyer Nave, a law firm, distributed an e-mail stating that there is “Good news for California public employers out of the U.S. Supreme Court today:[October 15, 2013] the high court officially kicked the age bias case of Madigan v. Levin* to the curb, dismissing the matter in a per curiam decision as improvidently granted."
The e-mail reports that “The bottom line for California public employers is that the rule in the U.S. Court of Appeals for the Ninth Circuit under Ahlmeyer v. Nev. Sys. of Higher Educ., 555 F.3d 1051, 1057 (9th Cir. 2009) remains in effect: the Age Discrimination in Employment Act (ADEA) is the exclusive remedy in federal courts for age discrimination claims against state and municipal employers, precluding equal protection claims under 42 U.S.C. §1983.”
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