Chicago federal judge nixes Sidley motion to dismiss EEOC discrimination suits
The megafirm Sidley Austin Brown & Wood had argued that
lawyers alleging age discrimination - but who missed the filing deadline at the Commission for filing charges - could not recover damages
using the EEOC suit. Instead, Sidley claimed, the EEOC suit
was limited to injunctive relief.
Yesterday Judge Zagel denied the law firm's motion. Under the
Supreme Court decision in Waffle House, the Commission had
the power to seek damages on behalf of the individual lawyers. Waffle
House ruled that EEOC could seek monetary damages for workers
who were barred from suit directly because they had signed mandatory
arbitration agreements. By analogy, Zagel ruled, the Commission could seek
relief for claimants who individually had missed the charge filing deadline.