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ARTICLE · 14 JUNE 2019

Mandatory Backpay In ADEA Claims: What Will SCOTUS Decide?

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Baltimore County has petitioned the Supreme Court to decide whether backpay for violations of the Age Discrimination in Employment Act ("ADEA") is mandatory.

United StatesEmployment and HR
Jenna N. Mennona
Jenna N. Mennona
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Baltimore County has petitioned the Supreme Court to decide whether backpay for violations of the Age Discrimination in Employment Act ("ADEA") is mandatory.

Background

In 1999, two Baltimore County Correctional Officers initiated charges at the Equal Employment Opportunity Commission ("EEOC") claiming that they were being discriminated against based on their ages because they had to contribute more to the County's pension plan than younger employees. After years of litigation and various appeals in the U.S. District Court of Maryland and the Fourth Circuit Court of Appeals, in April 2016, Baltimore County and the EEOC entered into a Joint Consent Order to equalize pension member contribution rates.

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