Tuesday, October 15, 2013

SCOTUS Dismisses Constitutional Age Discrimination Case

Oh, Madigan v. Levin, we hardly knew ye. I blogged about this case when cert was granted, it was just my Case of the Week two weeks ago, and I briefly addressed it again in my annual SCOTUS preview. The Court was supposed to address whether a public employee had to comply with the administrative exhaustion requirements of the ADEA, or if the employee could instead just file an age discrimination claim under the Equal Protection Clause of the Constitution and skip that EEOC (or other agency) stuff.

Today, the Court issued this order: "The writ of certiorari is dismissed as improvidently granted." Or "DIG'd" as the kids say. Hardly a surprise, SCOTUSblog suggested this might be the outcome following oral arguments. Happy trails Madigan v. Levin.