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E.E.O.C. v. CITY COLLEGES OF CHICAGO

No. 90-3162.

944 F.2d 339 (1991)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CITY COLLEGES OF CHICAGO, Board of Trustees of Community College District 508 and Cook County College Teachers' Union Local 1600, AFT, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1991.

As Corrected September 17, 1991.

Attorney(s) appearing for the Case

Sharon A. Seeley, John P. Rowe, Jason S. Hegy, Steven L. Brenneman, E.E.O.C., Chicago, Ill., Paul D. Ramshaw (argued), E.E.O.C., Washington, D.C., for plaintiff-appellant E.E.O.C.

Thomas E. Johnson, argued, Chicago, Ill., for defendants-appellees City Colleges of Chicago and Bd. of Trustees of Community College Dist. 508.

Gilbert Feldman, argued, Cornfield & Feldman, Chicago, Ill., for defendant-appellee Cook County College Teachers' Union Local 1600, AFT, AFL-CIO.

Before WOOD, Jr., and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

MANION, Circuit Judge.

This appeal requires us to determine when the statute of limitations commences for a suit challenging an early retirement plan allegedly adopted as a subterfuge to discriminate on the basis of age. The district court held that a suit the EEOC filed in 1988 challenging an early retirement plan adopted by City Colleges of Chicago in 1982 was untimely because the ADEA's two-year statute of limitations began to run when the plan was adopted.

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