For Kelley Drye & Warren, a two-year-old legal battle over an allegedly discriminatory retirement policy may be nearing an end. A filing on Jan. 30 in the Equal Employment Opportunity Commission’s federal age bias suit against the firm suggests the parties may be close to settling the case, which the EEOC initiated in 2010 on behalf of Eugene D’Ablemont, a then-79-year-old labor and employment partner (NYLJ, Jan. 29, 2010). At issue: whether Kelley Drye’s policy of forcing partners to give up their equity in the firm at age 70 was discriminatory.
In the filing, EEOC lawyer Jeffrey Burstein tells Southern District Magistrate Judge Michael Dolinger in Manhattan (See Profile) that he would like “to update the Court on settlement negotiations,” and requests until Feb. 10 to alert the court if another in-person mediation session is required. (According to the court docket, the two sides had an initial mediation session on Oct. 24.)
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