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Dayton v. Oakton Community College (N.D.Ill.)

Updated 5/18/17

  1. What is this case about?

This is a class and representative action against Defendants Oakton Community College (“OCC”), its president, and members of the President’s Council (“Defendants”)  for violations of the Age Discrimination and Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., 42 U.S.C. §1983, and under Illinois Const., Art. XII, §5. The case alleges that OCC, its President, and the President’s Council promulgated and implemented a policy of not employing as part-time faculty any individual who is an annuitant of the State University Retirement System (“SURS”).  The case is filed in the United States District Court for the Northern District of Illinois.

The lawsuit alleges that the policy discriminates against employees who are 40 years of age and older and thus has a substantial disparate impact on the class protected by the ADEA.  The action further alleges that the Defendants’ actions were retaliation against the putative class members for participation in SURS in violation of Illinois Const., Art. XII, § 5.

  1. How do I participate in this suit?

Under the ADEA, no current or former employee can participate in such action unless they give their consent in writing to become such a party and such consent is filed in the court in which such action is brought.  A copy of the form is available here. This form will only be effective if the court certifies the class.  Return the form to the address listed below.

Plaintiff will seek to treat his other claims as a “class action” for which no consent form would be required.

On May 17, 2017, this case was certified as a class and collective action by the U.S. District Court for the Northern District of Illinois.  The notice of pendancy of lawsuit approved by the court is available here.

  1. Do I have to pay anything?

Plaintiffs’ attorneys are handling this case on a contingency basis. They will only be paid if the lawsuit is successful, and will be paid by any recovery in the lawsuit.  In the event that the lawsuit is unsuccessful, Plainitffs’ attorney will not charge any fees to class members.

  1. How Do I find out More Information?

Counsel for the Plaintiff is The Previant Law Firm S.C. (the “Previant Firm”).  If you have questions about this litigation you may contact attorney Nathan Eisenberg of The Previant Firm at (414) 223-0415 or at nde@previant.com.

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