James F. DEMPSEY, Plaintiff-Appellant, v. PACIFIC BELL COMPANY, Et Al., Defendants-Appellees

James F. Dempsey appeals from an adverse grant of summary judgment in his civil action against Pacific Bell under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 . The district court granted summary judgment on the ground that Dempsey could not show that Pacific Bell’s articulated reason for Dempsey’s demotion was a pretext for discrimination. Because Dempsey filed his complaint in the district court within sixty days from filing his age discrimination charges, we conclude that the district court lacked jurisdiction. Accordingly, we vacate the district court’s judgment and dismiss Dempsey’s claim. But, since equitable tolling factors may exist in this case, we direct the district court, in the event Dempsey should refile his complaint within the time period hereafter specified, to evaluate those factors in making a determination of whether the statutes of limitation of 29 U.S.C. §§ 626 (d) and (e) should be tolled.

FACTS

Dempsey is fifty-five years old and worked for Pacific Bell for forty years, the last twenty years in management positions. In 1978, 1979 and 1982 Dempsey received merit awards for his job performance. In 1982 and 1983 he refused early…