Oscar Mayer & Co. v. Evans,
441 U.S. 750 (1979)

This case involved a man who alleged that Oscar Mayer forced him to retire after 23 years of service because of his age. The issue presented in this case is whether an age discrimination claim must be brought first with the state authorities before it can be brought in Federal Court. The Plaintiff in this case filed, with the United States Department of Labor, a notice of intent to sue the company under the ADEA. The Plaintiff asked the Department at the time he filed notice whether he was required to file a state complaint in order to preserve his federal rights. The Department told him that he was not required to do so. Evans allowed the Iowa statute of limitations to run on his age discrimination claim. After conciliation efforts failed, the Plaintiff brought suit in Federal Court. Oscar Mayer moved to dismiss the claim on grounds that the ADEA requires resort to the available state remedies prior to the commencement of a federal suit. The District Court denied the motion, and the Eighth Circuit affirmed.

The high Court studied the legislative history of the ADEA and found that Congress intended to screen from the federal courts those discrimination complaints that might be settled to the satisfaction of the grievant in state proceedings. The Court, therefore, held that resort to state proceedings is required under the ADEA. The Court, however, found nothing in the ADEA which mandates that a claimant comply with state limitations periods as a prerequisite to filing in federal court. Indeed, the Supreme Court held that the language in the ADEA requiring that a state action be commenced 60 days before federal litigation is instituted implies that Congress meant state limitations periods to be irrelevant. Furthermore, the ADEA says that, if a state imposes requirements other than the filing of a written and signed statement of the facts upon which the claim is to be based, then the proceedings shall be deemed to have been commenced for purposes of the ADEA at the time such a statement is sent by registered mail to the appropriate state authority.

The Supreme Court in Evans reversed the Eighth Circuit and remanded the case to the district court with instructions to hold the Plaintiff’s suit in abeyance until he complied with the mandate of the ADEA by sending his statement of facts to the proper state agency.

- Back to Supreme Court Cases -