Arthur N. ARONSEN, Plaintiff-Appellant, v. CROWN ZELLERBACH, a Corporation, Defendant-Appellee

This is an appeal from the dismissal of an action brought under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (ADEA). On motion for summary judgment, the district court dismissed the action on the ground that Plaintiff Aron-sen’s “notice of intent to sue” was untimely filed with the Secretary of Labor, thus, failing to satisfy a prerequisite to suit under the ADEA. Because the determination of the date on which the unlawful act occurred is not free of factual dispute, we reverse.

I.

Plaintiff Aronsen worked as a Research Associate for Crown Zellerbach (Zellerbach) and his duties included seeking out new applications for Zellerbach goods and developing new products. He had worked for Zellerbach 28 years, his entire working life since graduating from college. By 1975, at age 52, he was earning $36,300 per year, plus benefits, bringing his total compensation to $42,500.

In his complaint, Aronsen alleged that Zellerbach terminated him solely on the basis of his age pursuant to its general plan to replace employees nearing retirement age with younger employees. Aronsen further complained that Zellerbach terminated him on April 21, 1976, and that he gave the required…