United States Ninth Circuit

The time prescriptions in 29 U.S.C. section 633a, including the 30-day waiting period, are not jurisdictional and may be forfeited, waived, or equitably modified. In a suit brought under Title VII and the Age Discrimination in Employment Act (ADEA) alleging that their employer, the United States Border Patrol, failed to promote them due to their age, summary judgment for defendant is vacated and remanded where: 1) even though plaintiffs filed their complaint without waiting 30 days from the date they provided the EEOC with notices of intent to sue, as required by law, the district court had jurisdiction to grant plaintiffs equitable relief; and 2) plaintiffs should be granted equitable relief from filing their complaint prematurely as defendant was not prejudiced by the premature filing and relief was supported by the interests of justice.

Appellate Information

• Decided 08/29/2007
• Published 08/29/2007

Judges

• Before:  D.W. NELSON, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul Randall Bays, Bays Smith Law, P.C., Litchfield Park, AZ, for the appellants.


• For Appellees:
  
• Paul K. Charlton, United States Attorney, Christina M. Cabanillas, Appellate Chief, Richard E. Gordon, Assistant U.S. Attorney, and Janet K. Martin, Assistant U.S. Attorney, Tucson, AZ, for the appellee.