McCarthy v. Vilsack

ORDER

Thomas McCarthy appeals from the dismissal of his lawsuit against the United States Department of Agriculture. The district court construed his complaint as raising a claim under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34, and dismissed for failure to exhaust administrative remedies. We affirm the judgment but on a different ground.

McCarthy worked for the USDA until June 2006. By all appearances he resigned in exchange for a small cash settlement and the agency’s promise to stop an ongoing disciplinary proceeding and remove the accompanying accusations from his…