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E.E.O.C. v. MINNESOTA DEPT. OF CORRECTIONS

No. 10-2699.

648 F.3d 910 (2011)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. MINNESOTA DEPARTMENT OF CORRECTIONS; American Federation of State, County and Municipal Employees, Unit 208; Minnesota Association of Professional Employees; Middle Management Association; American Federation of State, County and Municipal Employees, Council No. 5, AFL-CIO; Minnesota Nurses Association, Defendants, Minnesota Law Enforcement Association, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2011.

Attorney(s) appearing for the Case

Ann E. Walther , argued, Karin Ennette Peterson , on the brief, Minneapolis, MN, for appellant.

Eric A. Harrington , EEOC, General Counsel, argued, Washington, DC, P. David Lopez , Lorraine C. Davis , Carolyn L. Wheeler , and Jennifer S. Goldstein , on the brief, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Minnesota Law Enforcement Association (MLEA) appeals the district court's1 grant of summary judgment to the Equal Employment Opportunity Commission (EEOC), concluding as a matter of law that MLEA's retirement plan arbitrarily discriminates against older employees on the basis of age, in violation of the Age Discrimination in Employment Act (ADEA). For the reasons that follow, we agree with the district court's conclusion...

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