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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.