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E.E.O.C. v. BALTIMORE COUNTY

No. 13-1106.

747 F.3d 267 (2014)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. BALTIMORE COUNTY, Defendant-Appellant, and American Federation Of State, County & Municipal Employees Local # 921; Baltimore County Federation of Public Employees, FMT, AFT, AFL-CIO; Baltimore County Sheriff's office Fraternal Order of Police/Lodge Number 25; Baltimore County Lodge No. 4 Fraternal Order of Police Incorporated; Baltimore County Federation of Public Health Nurses; Baltimore County Professional Fire Fighters Association International Association Fire Fighters Local 1311-AFL-CIO, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 31, 2014.

Attorney(s) appearing for the Case

ARGUED: James Joseph Nolan, Jr. , Baltimore County Office of Law, Towson, Maryland, for Appellant. Paul D. Ramshaw , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Appellee. ON BRIEF: Michael E. Field , Baltimore County Office of Law, Towson, Maryland, for Appellant. P. David Lopez , Lorraine C. Davis , Daniel T, Vail , Office of General Counsel, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge GREGORY and Judge SHEDD joined.

BARBARA MILANO KEENAN, Circuit Judge:

In this interlocutory appeal, we consider whether an employee retirement benefit plan (the plan) maintained by Baltimore County, Maryland (the County) unlawfully discriminated against older County employees based on their age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 through 634. The challenged plan provision involved the different rates of employee contribution to the plan, which...

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