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ROSSITER v. POTTER

No. 03-1860.

357 F.3d 26 (2004)

Paul L. ROSSITER, Plaintiff, Appellant, v. John E. POTTER, as Postmaster General, and United States Postal Service, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 27, 2004.

Attorney(s) appearing for the Case

Richard C. Biller, with whom Goguen, McLaughlin, Richards & Mahaney, LLP was on brief, for appellant.

Christopher R. Donato, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

This appeal involves a unique provision of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. A federal employee or a disappointed applicant for federal employment — we use the term "federal employee" throughout this opinion as a shorthand to cover both classes of persons — who wishes to pursue an ADEA claim has a right, not available to other ADEA claimants, to bypass the administrative process and...

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