Lewis Simpson v. Whirlpool Corporation

This court held in Simpson v. Whirlpool Corp., 573 F.2d 957 (6th Cir. 1978), that prior resort to an available state agency was not required by 29 U.S.C. § 633(b) as a prerequisite to a federal ADEA action. We relied upon our holding to that effect in Gabriele v. Chrysler Corp., 573 F.2d 949 (6th Cir. 1978), vacated and remanded—U.S. —, 99 S.Ct. 2819, 61 L.Ed.2d 273 (1979), on remand 604 F.2d 996 (6th Cir. 1979). On petition for certiorari in this cause, the Supreme Court vacated our judgment and remanded for further consideration in light of Oscar Mayer & Co. v. Evans, 441 U.S.—, 99 S.Ct.…