67 Fair empl.prac.cas. (Bna) 795, 66 Empl. Prac. Dec. P 43,504, 19 Employee Benefits Cas. 1220 Ueon C. Bak v. Postal Service, (u.s.) Marvin Runyon, Postmaster General Does 1 to 20, Inclusive

52 F.3d 241 67 Fair Empl.Prac.Cas. (BNA) 795 , 66 Empl. Prac. Dec. P 43,504 , 19 Employee Benefits Cas. 1220 Ueon C. BAK, Plaintiff-Appellant, v. POSTAL SERVICE, (U.S.); Marvin Runyon, Postmaster General; Does 1 to 20, inclusive, Defendants-Appellees. No. 93-56249. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1995 * . Decided April 7, 1995. Gregory L. Bartone, Santa Ana, CA, for plaintiff-appellant. Jon Pearson, Asst. U.S. Atty., Los Angeles, CA, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges. T.G. NELSON, Circuit Judge: OVERVIEW 1 Ueon Bak (Bak) appeals the district court's dismissal of his age discrimination claim for lack of subject matter jurisdiction due to his failure to exhaust his administrative remedies. Although the Government initially made the motion for dismissal, it now concedes Bak was not obligated to exhaust his administrative remedies. We hold that, pursuant to amended Equal Employment Opportunity Commission (EEOC) regulations governing age discrimination claims, a claimant is no longer required to exhaust his…