July 08, 2014

Filing age discrimination complaints in federal courts


Filing age discrimination complaints in federal courts
Hildebrand v Allegheny [Pennsylvania] County, USCA, 3rdCircuit, Docket 13-1231

The U.S. Court of Appeals for the Third Circuit ruled that a state or local government employee may not maintain an age discrimination in employment action pursuant to the Civil Rights Statute, 42 U.S.C 1983, but may only proceed under the Age Discrimination in Employment Act [ADEA], 29 U.S.C. §§621-634.

The court agreed with Allegheny County’s argument that the ADEA “is the exclusive remedy for claims of age discrimination in employment” and thus its employee was precluded from bring a  §1983 cause of action alleging age discrimination, explaining that §1983 is a statutory remedy* and Congress retains the authority to repeal it or replace it with an alternative remedy, in this instance the ADEA.

The Circuit Court also held that the plaintiff in this action was not obligated to plead exhaustion of administrative remedies with particularity but may, instead, allege in general terms that the required administrative process had been completed.

* The Circuit Court also noted that The Supreme Court has held that §1983 suits are precluded by statute in a case where a plaintiff sought vindication of a constitutional – rather than a statutory – right, citing Smith v Robinson, 468 U.S. 992.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.