Unpublished Dispositionjames A. Loy, Plaintiff-appellant, v. Tennessee Valley Authority, Defendant-appellee, 869 F.2d 1491 (6th Cir. 1989)

James Loy, a former TVA employee, brought an action against TVA under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, alleging wrongful termination of his employment. Although represented by counsel, Mr. Loy did not bring the matter "to the attention of [TVA's] Equal Employment Opportunity Counselor ... within 30 calendar days of [the] effective date" of his termination. See 29 C.F.R. Sec. 1613.214(a) (1) (i). On appeal of a summary judgment entered by the district court (James H. Jarvis, J.) in favor of the defendants, Mr. Loy argues that Sec. 1623.214 is not applicable to claims arising under the Rehabilitation Act; that a letter sent to TVA's general counsel within the 30-day period was sufficient to comply with the regulations in any event; that TVA is estopped from raising the issue of timeliness by its acceptance of Loy's complaint for investigation; and that the doctrine of equitable tolling should be applied to bar enforcement of the 30-day requirement if it exists.

After careful review of the record, we believe that the district court resolved these issues correctly. The judgment is AFFIRMED on the basis of the reasoning set forth in the district court's opinion.