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The appellate court expressed confidence that Congress would not have used ambiguous language had it intended to override the ADEA, saying “when Congress had such an intention, it made that intention clear.” The Department further insisted that, even if the statutory language is ambiguous, “the Secretary’s longstanding interpretation ... is entitled to deference.” The appellate court also rejected that argument, saying Congress did not delegate authority to the agency generally to make rules carrying the force of law in which deference was promulgated. John R. Miller, Jr. is a U.S. citizen who was employed by the Department of State as a safety inspector at the U.S. embassy in Paris, France. His contract noted he would be terminated when he turned 65, as is custom in France; however, when he received notice of his termination, he appealed to work for one more year. That appeal was denied, and Miller exhausted all available remedies with the U.S. Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. The opinion in Miller, Jr. v. Hillary Rodham Clinton, Secretary of State is here.
The appellate court expressed confidence that Congress would not have used ambiguous language had it intended to override the ADEA, saying “when Congress had such an intention, it made that intention clear.”
The Department further insisted that, even if the statutory language is ambiguous, “the Secretary’s longstanding interpretation ... is entitled to deference.” The appellate court also rejected that argument, saying Congress did not delegate authority to the agency generally to make rules carrying the force of law in which deference was promulgated.
John R. Miller, Jr. is a U.S. citizen who was employed by the Department of State as a safety inspector at the U.S. embassy in Paris, France. His contract noted he would be terminated when he turned 65, as is custom in France; however, when he received notice of his termination, he appealed to work for one more year. That appeal was denied, and Miller exhausted all available remedies with the U.S. Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.
Rebecca Mooreeditors@plansponsor.com