Sunday, April 18, 2010

Federal Court Rules For EEOC In Age Bias Suit Against Minnesota Department Of Corrections

MINNEAPOLIS – A federal judge in Minneapolis has ruled that the Minnesota Department of Corrections (DOC) violated federal age discrimination law by maintaining an early retirement incentive plan (ERIP)  that reduced benefits for persons over age 55.

Under the ERIP, an employee who retired at age 55 would get employer contributions for health and dental insurance until age 65, but an employee who retired after age 55 would get no such employer contributions towards health and dental coverage.

In its age discrimination lawsuit against DOC, the EEOC contended that the incentive plans contained in collective bargaining agreements for DOC employees violate the ADEA because they facially discriminate based upon age. The EEOC asserted that these agreements constituted arbitrary age discrimination, and the agency sought judgment against the DOC, including unions as nominal parties, so that the collective bargaining agreements could be revised to remove the provisions.

The court ordered the parties to complete discovery on the damage issues, and following submission of damage claims, stated that it will enter judgment for the EEOC.

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