James R. Bankston v. Thomas E. White, Secretary of the Army United States of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that McAdams relied on Title VII’s exhaustion requirement and did not require the plaintiff to exhaust his administrative remedies for his ADEA claim
• remanding lower court decision requiring administrative exhaustion where plaintiffs EEOC complaint was dismissed, pursuant to a regulation, when he filed suit in civil court
• specifically denying the argument 22 that the employee needs to wait for final agency action
• “an employee who wishes to file suit without pursuing administrative remedies 15 must give the EEOC notice of intent to sue at least 30 days before filing suit.”
• an employee who wishes to file suit under the ADEA without pursuing administrative remedies must give the EEOC notice of intent to sue at least 30 days before filing suit
• ADEA has no express exhaustion requirement

Source: CourtListener parenthetical corpus (CC0).