Arcangel Alvarado v. Board of Trustees of Montgomery Community College, Raul Parilla, as President of Montgomery Community College

MURNAGHAN, Circuit Judge:

The defendants in this case have asked the federal courts to apply a common-sense requirement in a hypertechnical fashion. If successful, they would unjustly prevent the plaintiff from having his claim of employment discrimination heard on the merits by a court of law. The district judge nevertheless granted summary judgment tó the defendants, while expressing regret at the result, because he believed his hands were tied by a 1983 decision of this court. The 1983 panel decision in fact has no precedential effect, and we reverse.

Arcángel Alvarado filed an action under…