36 Fair empl.prac.cas. 16, 35 Empl. Prac. Dec. P 34,737 Elizabeth A. Yartzoff v. State of Oregon, Employment Division of the Department of Human Resources

745 F.2d 557 36 Fair Empl.Prac.Cas. 16 , 35 Empl. Prac. Dec. P 34,737 Elizabeth A. YARTZOFF, Plaintiff-Appellant, v. STATE OF OREGON, EMPLOYMENT DIVISION OF the DEPARTMENT OF HUMAN RESOURCES, Defendant-Appellee. No. 83-3885. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 4, 1984. Decided Oct. 18, 1984. Edwin S. Nutbrown, Portland, Or., for plaintiff-appellant. Phillip Schradle, Salem, Or., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before GOODWIN and SCHROEDER, Circuit Judges, and JAMESON, * District Judge. PER CURIAM. 1 Elizabeth Yartzoff, a 51-year-old state government office worker sued the Employment Division of the Oregon Department of Human Resources for violating her rights under 29 U.S.C. Sec. 626 (b) and (c) (age discrimination in employment). She appeals an adverse judgment following a jury trial. We affirm. 2 Two months before trial, Yartzoff moved to amend her complaint to allege a claim based upon disparate impact; but the court disallowed the amendment as untimely. We need not decide in this case whether the denial of the motion was an abuse of discretion because the court permitted the…