E.E.O.C. v. BOARD OF GOVERNORS OF STATE COLLEGES

No. 90-2440.

957 F.2d 424 (1992)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES and University Professionals of Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 1992.

As Amended March 3, 1992.


Attorney(s) appearing for the Case

Gordon Waldron, Jason S. Hegy, E.E.O.C., Chicago, Ill., Paul D. Ramshaw (argued), E.E.O.C. Office of General Counsel, Washington, D.C., for E.E.O.C.

Stephen A. Yokich, Cornfield & Feldman, Edward B. Miller (argued), Pope, Ballard, Shepard & Fowle, Chicago, Ill., Mark T. Dunn, Dunn, Goebel, Ulbrich, Morel & Hundman, Bloomington, Ill., for Board of Governors of State Colleges and Universities.

Stephen A. Yokich, Cornfield & Feldman, Chicago, Ill., for University Professionals of Illinois.

Jill A. Goldy, Seyfarth, Shaw, Fairweather & Geraldson, Martha A. Churchill, Mid-America Legal Foundation, Chicago, Ill., for amicus curiae Illinois Chamber of Commerce.

Martha A. Churchill, Mid-America Legal Foundation, Chicago, Ill., for amicus curiae Society for Human Resource Management and Mid-America Legal Foundation.

Jill A. Goldy, James Baird, Krista S. Kaplan, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for National Public Employer Labor Relations Ass'n, Illinois Public Employer Labor Relations Ass'n.

Before CUMMINGS and MANION, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


CUMMINGS, Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") brought this action to challenge the legality of a collective bargaining agreement provision that denies employees their contractual right to a grievance proceeding whenever the employee initiates a claim, including a claim of age-based discrimination, in an administrative or judicial forum. The policy in question was adopted pursuant to a collective...

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