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[DOWNLOAD] "Early V. Bankers Life And Casualty Co." by United States Court of Appeals for the Seventh Circuit ~ eBook PDF Kindle ePub Free

Early V. Bankers Life And Casualty Co.

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eBook details

  • Title: Early V. Bankers Life And Casualty Co.
  • Author : United States Court of Appeals for the Seventh Circuit
  • Release Date : January 25, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

POSNER, Circuit Judge. Bankers Life and Casualty Company discharged Donald Early on October 31, 1988. To sue Bankers Life under the Age Discrimination in Employment Act, Early had to file a "charge" with the EEOC within 300 days, 29 U.S.C. § 626(d)(2), and the suit itself within 2 years, § 626(e)(1). He made the 2-year deadline all right, but did he make the 300-day administrative deadline? The first complaint he filed in this suit states equivocally in its first paragraph that the plaintiff "has attempted to and believes that he has filed timely charges of discrimination" with the EEOC, while subsequent paragraphs explain that "on or about June 8, 1989, Plaintiff went to EEOC to file a charge of age discrimination under the Age Discrimination in Employment Act against Bankers," and that "on or about May 10, 1990, Plaintiff again went to EEOC to file a formal charge under the Age Discrimination in Employment Act having been informed that his earlier visit had not resulting [sic] in the filing of a formal charge." While June 8, 1989, was within 300 days of Early's discharge, May 10, 1990, was not--which may be why Early joined the EEOC as a defendant and alleged against it that "as a direct and proximate result of several negligent, erroneous and/or incomplete actions of Defendant EEOC, Plaintiff's filing of charges as against Defendant Bankers . . . may or may not have been timely."


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