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United States Third Circuit


Hildebrand v. Allegheny County, 13-1321

Dismissal of plaintiff-government employee's complaint alleging age discrimination is: 1) affirmed in part, where a state or local government employee may not maintain an age discrimination claim under 42 U.S.C. section 1983, but must instead proceed under the Age Discrimination in Employment Act (ADEA); 2) vacated in part and remanded with regard to plaintiff's ADEA claim against defendant county District Attorney's Office, where plaintiff is not obligated to plead exhaustion of administrative remedies with particularity, but may instead allege in general terms that the required administrative process has been completed, and the EEOC Intake Questionnaire, when properly completed, constitutes a charge of discrimination; but 3) affirmed in part with regard to the dismissal of the ADEA claims against defendant-county, because it was not named on the Intake Questionnaire and was not identified as a respondent to an age discrimination charge until after the deadline for filing a charge of discrimination against it had passed.

Appellate Information

  • Decided 06/27/2014
  • Published 06/27/2014

Judges

  • VANASKIE

Court

  • United States Third Circuit

Counsel

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