A. The Age Discrimination Act of 1975 ("ADA ") provides
federal court jurisdiction over allegations of age
discrimination when the plaintiff has exhausted
administrative remedies. Exhaustion occurs only when the
initial complaint is filed timely with a federal agency of
jurisdiction that does not rule in favor of the complainant or
fails to rule at all. 42 U.S.C. §§ 6104(e)-(f). Since
administrative exhaustion can only occur when a federal
agency of jurisdiction exists, the question is whether in the
absence of such an agency, the ADA is a dead letter.

B. If federal courts have original jurisdiction over age
discrimination complaints where no agency of jurisdiction
exists, the question is whether such jurisdiction extends to
entities that negotiate procurement contracts with the
federal government, 42 U.S.C. § 6103(a)(4).

C. If procurement contracts are covered by the ADA, the
question is whether Respondent Washington Post, Inc.
("Post ") negotiates such contracts with the federal
government.

D. If the Post is covered by the ADA by virtue of the
procurement contracts it negotiates with the federal
government, the question is whether it discriminated
against Petitioner by compelling her to report her age on a
candidate questionnaire.

E. If the Post did discriminate against her, is
Petitioner 's proposed remedy lawful?

Whether the Age Discrimination Act of 1975 provides federal court jurisdiction over age discrimination claims when no administrative agency of jurisdiction exists