Hadfield v. Mitre Corporation

MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS

SKINNER, District Judge.

This is an action under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (ADEA). The defendants have moved to dismiss on the ground that the plaintiff did not make a proper application to the Massachusetts Commission Against Discrimination, asserting that such an application was required under 29 U.S.C. § 633(b). Such an application was only required if at the critical date Massachusetts was a “deferral state” as defined by the Court of Appeals of the First Circuit in Garces v. Sagner International,…