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Statutory Interpretation – ADEA

By: Derek Hawkins//October 23, 2018//

Statutory Interpretation – ADEA

By: Derek Hawkins//October 23, 2018//

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7th Circuit Court of Appeals

Case Name: Barry Dayton v. Oakton Community College, et al.

Case No.: 18-1668

Officials: FLAUM, MANION, and SYKES, Circuit Judges.

Focus: Statutory Interpretation – ADEA

Traditionally, Oakton Community College employed retired state employees as part‐time and adjunct faculty. But in November 2014, Oakton changed its hiring practices so that as of July 1, 2015, Oakton would no longer employ retired state employees if they were also beneficiaries of the State University Retirement System. This decision affected eighty‐four individuals, including Barry Dayton. As a result, Dayton filed this lawsuit, on behalf of himself and a certified class of similarly‐situated part‐time and adjunct faculty, against Oakton and several individuals who were involved in adopting the policy, alleging claims under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623; 42 U.S.C § 1983; and Illinois law. The district court granted defendants’ motion for summary judgment. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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