United States Sixth Circuit

Although administrative exhaustion is still a statutory prerequisite to maintaining claims brought under the Age Discrimination in Employment Act (ADEA), the prerequisite does not state a limitation on federal courts' subject matter jurisdiction over such claims. In an action against former employer-hospital for age discrimination under the ADEA and state law brought by two women who were terminated after they allegedly violated its confidentiality policy, summary judgment for hospital is affirmed where: 1) disparate treatment claims failed as the hospital reasonably believed that plaintiffs had breached patient confidentiality and they failed to show that such explanation was pretext for discrimination; and 2) no material evidence in the record supported plaintiffs' disparate impact claims.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• Before: GILMAN, KETHLEDGE, and ALARCÓN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Earl M. McGuire, Prestonburg, Kentucky, for Appellants.   Vincent Candiello, Post & Schell, Harrisburg, Pennsylvania, for Appellee.   ON BRIEF:  Earl M. McGuire, Prestonburg, Kentucky, for Appellants.   Vincent Candiello, Post & Schell, Harrisburg, Pennsylvania, for Appellee.