Astoria Federal Savings and Loan Association v. Solimino,
501 U.S. 104 (1991)

The Plaintiff, Solimino, felt that he was fired from his job because of his age. The EEOC referred him, under a workshare agreement, to the New York State Division of Human Rights. That agency dismissed his claim because it found no probable cause to believe that the Plaintiff was fired because of his age. That decision was upheld on administrative appeal. Solimino then filed a lawsuit in federal court seeking relief under the ADEA and various state laws. The district court dismissed the claim based on issue preclusion, but the Second Circuit reversed.

The Supreme Court weighed in to resolve a difference in law between the Circuits as to the preclusive effect given to prior state administrative decisions. The Supreme Court held that the ADEA carries an implication that federal courts should recognize no issue preclusion by state administrative findings with respect to age discrimination claims. This conclusion was based on the fact that the ADEA requires parties to "file with state authorities before filing in Federal Court" and that the ADEA "provides that no suit may be brought in Federal Court before the expiration of 60 days after proceedings have been commenced under state law, unless such proceedings have been earlier terminated." The Court held that both statements clearly contemplate the possibility of federal consideration after state agencies have finished theirs.

The Supreme Court in Astoria upheld the Second Circuit, allowing Solimino’s discrimination claims to proceed in the federal courts.

- Back to Supreme Court Cases -