United States Sixth Circuit

In an action alleging that the FAA failed to rehire him due to his age in violation of the Age Discrimination in Employment Act (ADEA), summary judgment for the FAA is reversed and remanded where there was a genuine issue of material fact as to whether plaintiff was an active applicant when he contacted an EEO counselor in 2002, for purposes of the administrative requirement in 29 C.F.R. section 1614.105.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• Before BATCHELDER, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gino Pulito, Pulito & Associates, Elyria, Ohio, for Appellant.  William J. Kopp, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Gino Pulito, Pulito & Associates, Elyria, Ohio, for Appellant.  Marcia W. Johnson, Assistant United States Attorney, Cleveland, Ohio, for Appellee.