## Facts

- Joseph W. Evans worked for Oscar Mayer & Co. for 23 years and was involuntarily retired in January 1976.
- Evans alleged his retirement was based on age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA).
- On March 10, 1976, Evans filed a notice of intent to sue with the U.S. Department of Labor.
- Evans asked the Department of Labor whether he needed to file an age-discrimination complaint with the Iowa State Civil Rights Commission; the Department advised that no state filing was required.
- Relying on that advice, Evans did not file with the Iowa agency, and Iowa’s time limit for filing expired.
- After federal conciliation efforts failed, Evans filed an ADEA action in federal district court.
- The dispute centered on ADEA § 14(b), which bars an ADEA suit in certain states until 60 days after state proceedings have been commenced (unless earlier terminated).

## Issues

1. Whether ADEA § 14(b) makes resort to state administrative proceedings mandatory in a state with an age-discrimination law and an authorized agency.
2. Whether failure to file within state time limits bars a later federal ADEA suit.
3. What “commenced” means under § 14(b), including whether compliance with state procedural prerequisites beyond filing a signed factual statement is required.

## Decision

- The Supreme Court held that in a qualifying “deferral” state, § 14(b) requires an ADEA claimant to commence state proceedings before pursuing a federal ADEA suit.
- The Court held that missing a state filing deadline does not extinguish the federal ADEA claim.
- The Court held that, for § 14(b), commencement requires only filing (or mailing by registered mail) a written and signed statement of facts with the state agency; additional state-law commencement conditions do not control.
- The Court vacated the judgment and remanded with instructions that Evans be allowed to commence state proceedings and that the federal action be held for 60 days (or until earlier state termination) consistent with § 14(b).

## Legal Principles

- In a state with an age-discrimination law and an agency authorized to grant relief, an ADEA plaintiff must first commence state proceedings and wait 60 days (or until earlier termination) before the federal suit may proceed.
- “Commencement” under ADEA § 14(b) is defined by federal law: it is satisfied by submitting a written and signed statement of facts to the state agency (including by registered mail), notwithstanding extra state procedural requirements.
- State time limits and other state procedural bars do not defeat a federally created ADEA cause of action; they do not bar federal suit once § 14(b)’s commencement-and-wait requirement is satisfied.
- Section 14(b) is construed in line with the parallel deferral structure under Title VII.

## Conclusion

The Court required ADEA claimants in deferral states to begin state agency proceedings before proceeding in federal court, but it limited that requirement to a minimal filing and held that an untimely state filing does not bar the federal ADEA action.


Oscar Mayer & Co. v. Evans, 441 U.S. 750 (1979)