16 Fair empl.prac.cas. 948, 16 Empl. Prac. Dec. P 8106 Samuel M. Nabors v. United States of America

Samuel Nabors, an employee of the United States Air Force, asserts that he was denied promotions because of his age in violation of the Age Discrimination in Employment Act of 1967 as amended in 1974 (ADEA), 29 U.S.C. § 633a. He filed a formal complaint against the Air Force, and secured a formal hearing by a Complaints Examiner of the Civil Service Commission, who ruled that there had been no discrimination. Nabors then brought this action. The district court granted summary judgment for the government, based on the administrative record. The question presented by this appeal is whether it was proper for the district court to proceed on a review of the administrative record, or whether Nabors was entitled to a trial de novo.

In moving for summary judgment in the district court, the government relied on the decision of this court in Chandler v. Johnson, 515 F.2d 251 (9th Cir. 1975). After judgment was entered below by the district court the Chandler decision was reversed by the Supreme Court in Chandler v. Roudebush, 425 U.S. 840 , 96 S.Ct. 1949 , 48 L.Ed.2d 416 (1976). Chandler involved a charge of racial discrimination in federal employment under Title VII of the Civil Rights…