EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. ELROD

No. 80-2810.

674 F.2d 601 (1982)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. Richard ELROD and Philip Hardiman, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1982.

Rehearing and Rehearing Denied July 23, 1982.


Attorney(s) appearing for the Case

Henry A. Hauser, Asst. State's Atty., Chicago, Ill., for defendants-appellants.

Judy Trent Ellis, E. E. O. C., Washington, D. C., for plaintiff-appellee.

Before PELL, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and SPRECHER, Circuit Judge.


Rehearing and Rehearing En Banc Denied July 23, 1982.

SPRECHER, Circuit Judge.

This case raises the issue of whether the 1974 amendment to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA"), constitutionally extends the proscriptions of the ADEA to state and local governments. The constitutionality of the amendment is challenged in an enforcement proceeding under 15 U.S.C. § 49, brought by the Equal Employment Opportunity...

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