EEOC: Selected Pending And Resolved Age Discrimination In Employment Act Cases

2007

Nucletron Corp.: (D. Md.) resolved 11/5/07 by Philadelphia District Office – The Commission alleged that charging party, a 61-year-old employee, was terminated by Defendant, a manufacturer of medical equipment, because of his age. Defendant refused to consider the charging party for other positions in the company. The EEOC also alleged that Defendant violated the retaliation provisions of the ADEA, EPA, and Title VII by using a severance agreement that conditioned benefits on a promise not to file an employment discrimination charge. Case settled for $295,000 in monetary relief and injunctive relief including prohibiting defendant from offering or enforcing any severance agreement or other contract requiring individuals to give up right to file discrimination complaints.

Sidley Austin, LLP: (N.D. Ill.) resolved 10/04/07 by Chicago District Office – The Commission alleged that a class of former law partners was forced out of the law firm’s partnership because of their age as a result of Defendant’s reorganization and age-based retirement policy. Case settled for $27.5 million in monetary damages for 32 former partners and injunctive relief including elimination of policy, whether formal or informal, requiring retirement as a partner or requiring permission to continue as a partner once partner has reached a certain age.

BNSF Railroad: (W.D. Okla.) resolved 3/30/07 by St. Louis District Office – The Commission alleged that BNSF discriminated against employees eligible for Railroad Retirement by denying them benefits under exit incentive plans offered to clerical employees in its facilities. The lawsuit also alleged that BNSF and the Transportation Communications International Union (TCU), a union representing the railway’s clerical employees, discriminated against older employees in their labor contract by eliminating their “protected” status, which afforded them certain benefits, when they became eligible to retire and reached age 70. Case settled for $800,000 for 137 class members to be paid by BNSF and injunctive relief including the elimination of provision at issue in CBA.

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