Evelyn McCONNELL and Floyd Ray Addy, Plaintiffs-Appellants, v. GENERAL TELEPHONE COMPANY OF CALIFORNIA, Et Al., Defendants-Appellees

Evelyn McConnell and Floyd Ray Addy appeal from the district court’s grant of summary judgment in each of their actions concerning age discrimination. These matters were consolidated for appeal due to the related nature of the facts and the parties. McConnell’s action was dismissed for her failure to exhaust administrative remedies, the district court finding that she had thwarted the statutory scheme set out by EEOC for conciliation. Addy’s action was dismissed based upon the running of the three-year statute of limitations set forth in 29 U.S.C. § 626 . We reverse the trial court’s ruling in both matters.

FACTS

Evelyn McConnell

Plaintiff/Appellant was employed with the defendant/appellee as a drafter in 1964 and in 1977 was upgraded to the management position of “Design Artist I.” She retired in November 1982 pursuant to an incentive plan for early retirement. During her employment, she was reprimanded several times for her excessive absenteeism and placed on disciplinary follow-up during 1980-81. During the latter years of her employment, plaintiff contends that although she was classified as a Design Artist I, her work consisted mainly of work performed by those in the…