Legal Opinion

J.D. Hamilton v. 1st Source Bank

Court of Appeals for the Fourth Circuit

Decided December 27, 1990No. 89-2615PublishedCited by 65 opinions

1Opinion of the Court

WILKINSON, Circuit Judge:

We must here decide when the statute of limitations for filing age-based pay discrimination claims with the Equal Employment Opportunity Commission begins to run under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. Plaintiff Hamilton argues that a “discovery” rule applies to the statute of limitations in 29 U.S.C. § 626(d), i.e., that the limitations period does not begin to run until an employee discovers, or should have discovered, that he was a victim of pay discrimination. We hold that, under the plain and unequivocal language of the…

2Cases cited13 opinions

  1. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  2. Delaware State College v. RicksSupreme Court of the United States · 1980
  3. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  4. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  5. Chardon v. FernandezSupreme Court of the United States · 1982

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3Cited by65 opinions

  1. Lukovsky v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2008
  2. William ALPERN and Russell D. Miller, on Behalf of Themselves and All Others Similarly Situated, Appellants, v. UTILICORP UNITED, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1996
  3. Hiram AMBURGEY, Plaintiff-Appellant, v. CORHART REFRACTORIES CORPORATION, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  4. David Hulsey, and Gary Davis v. Kmart, Inc., a Michigan CorporationCourt of Appeals for the Tenth Circuit · 1994
  5. Dring v. McDonnell Douglas Corp.Court of Appeals for the Eighth Circuit · 1995

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