Court Ruled That County Forced Employees Hired at Older Ages to Pay More for Pensions
Baltimore County will pay approximately $5.4 million to over 2,000 county employees to resolve a federal age discrimination lawsuit that took 13 years to find a resolution. Employees contribution rates were based on age at entry into the retirement system, with older employees paying higher rates than younger members for the same benefits.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age, including with respect to fringe benefits such as pensions. Two county correctional officers filed discrimination charges with the EEOC. In 2007, the EEOC filed suit (EEOC v. Baltimore County et al., Civil Action No. 1:07-cv-2500-RDB) in U.S. District Court for the District of Maryland, Northern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
Notes on Age Discrimination
Employer Coverage – 20 or more employees
- Non Federal employees – 180 days to file a charge (may be extended by state laws)
- Federal employees have 45 days to contact an EEO counselor.
Note that section 1625.7 has been superseded by Final Rule: Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act (RFOA)