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

This is a class and representative action against 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.

UPDATE:

On February 27, 2018, the District Court issued a decision in this case. The decision is available here. This case is currently pending on appeal to the U.S. Court of Appeals for the Seventh Circuit.

If you have questions about this litigation you may contact attorney Nathan Eisenberg of The Previant Firm at (414) 240-1185 or at nde@previant.com.

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