Wilkinson v. Collins

Summary

The United States District Court for the District of Oregon granted the Department of Veterans Affairs’ partial motion to dismiss Paul Wilkinson’s ADEA age-discrimination claim. The court held that the complaint did not allege exhaustion of administrative remedies or sufficient facts supporting an inference of age discrimination, but granted leave to amend within thirty days.

Holdings

1. A plaintiff bringing an ADEA claim against a federal employer must allege facts showing exhaustion of administrative remedies, and Wilkinson failed to do so because the complaint and attached EEOC materials did not establish that he pursued an age-discrimination claim.
2. The complaint failed to state a plausible ADEA age-discrimination claim because it did not allege facts showing that Plaintiff was at least forty, was qualified, suffered an adverse employment action because of age, and was treated less favorably than substantially younger similarly situated employees or that other circumstances supported an inference of age discrimination.

Questions Presented

1. Whether Plaintiff adequately alleged exhaustion of administrative remedies for his ADEA age-discrimination claim.
2. Whether Plaintiff's complaint pleaded sufficient factual matter to state a plausible age-discrimination claim under the ADEA.

Disposition

other