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Equal Employment Opportunity Comm'n v. North Gibson School Corp.

In action alleging that defendant's early retirement plan discriminated on the basis of age, grant of summary judgment in favor of defendant affirmed because the EEOC was barred from seeking individual benefits that employees would have been unable to pursue on their own due to untimely filing of claims; dismissal of claims for injunctive relief as moot affirmed because the EEOC did not identify a currently discriminatory plan.

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The full case caption appears at the end of this opinion.

RIPPLE, Circuit Judge. In December 1997,the Equal Employment OpportunityCommission (“EEOC”) received charges ofage discrimination from two employees ofthe North Gibson School Corporation(“NGSC”). The charges alleged that NGSC’searly retirement plan (“ERP”)discriminated on the basis of age inviolation of the Age Discrimination inEmployment Act, as amended, 29 U.S.C.sec. 621 et seq. (“ADEA”). The EEOC filedthis action against NGSC in September1998; it sought monetary and injunctiverelief against NGSC on behalf of a groupof seven former and current employees.The district court dismissed the claimsfor injunctive relief as moot and latergranted summary judgment to NGSC withrespect to the claims for monetaryrelief. For the reasons set forth in thefollowing opinion, we affirm the judgmentof the district court.

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