Federal Judge Awards EEOC Summary Judgment against Baltimore County for Discriminatory Pension Plan

In a suit filed by the U.S. Equal Employment Opportunity Commission (EEOC), U.S. District Judge Benson Everett Legg granted summary judgment against Baltimore County’s pension plan, known as the Employee Retirement System (ERS), for inherently violating the Age Discrimination in Employment Act (ADEA).

In a suit filed by the U.S. Equal Employment Opportunity Commission (EEOC), U.S. District Judge Benson Everett Legg granted summary judgment against Baltimore County’s pension plan, known as the Employee Retirement System (ERS), for inherently violating the Age Discrimination in Employment Act (ADEA).

The lawsuit, filed in September 2007 in U.S. District Court for the District of Maryland against Baltimore County, charged that Baltimore County discriminated against Wayne A. Lee, Richard J. Bosse, Sr., and a class of similarly situated employees at least 40 years of age by charging them higher pension contributions than younger employees. The District Court found that Baltimore County failed to establish any non-age related financial considerations to justify the disparity in contribution rates between older and younger workers. 

EEOC General Counsel David Lopez said:

“It is pretty rare that any plaintiff can win any claim against a pension plan . . . While some may have thought the Kentucky Retirement decision spelled the death knell for this case and others like it, our perseverance paid off in limiting the impact of that decision.   The EEOC is prepared to vigorously litigate these cases, where necessary, to ensure compliance with the law."

The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination and retaliation by their employers.