United States Sixth Circuit

In a public-enforcement age-discrimination lawsuit against a sheriff's department, Kentucky, and a retirement system alleging that defendants' disability-retirement-benefits plan for state and county employees violates the Age Discrimination in Employment Act (ADEA), summary judgment for defendants is reversed where: 1) the EEOC established a prima facie violation of the ADEA, because the plan at issue is facially discriminatory on the basis of age; and 2) when an employment policy or benefit plan such as the one at issue is facially discriminatory, a plaintiff challenging that policy does not need additional proof of discriminatory animus in order to establish a prima facie disparate-treatment claim.

Appellate Information

• Decided 10/31/2006
• Published 10/31/2006

Judges

• Before BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Dori K. Bernstein, Equal Employment Opportunity Commission, Washington, D.C., for Appellant.  Robert D. Klausner, Klausner & Kaufman, Plantation, Florida, for Appellees.   ON BRIEF:  Dori K. Bernstein, Equal Employment Opportunity Commission, Washington, D.C., for Appellant.  Robert D. Klausner, Klausner & Kaufman, Plantation, Florida, Mitchell L. Perry, Jefferson County Attorney's Office, Louisville, Kentucky, Lisbeth A. Tully, C. Joseph Beavin, James D. Allen, Stoll Keenon Ogden, Lexington, Kentucky, D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, for Appellees.