U.S. Equal Emp. Opp. Comm'n v. Newport Mesa Unif. Sch. Dist.

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

The Equal Employment Opportunity Commission brought this age discrimination suit against a school district and the union representing the district’s teachers. The defendants negotiated a salary structure that gives higher pay to teachers with greater experience. The district prefers to hire inexperienced teachers to minimize its payroll costs. Plaintiff contends this policy disparately affects older job applicants and violates the Age Discrimination in Employment Act.

These motions raise three issues of first impression in this circuit: (1) whether the 11th Amendment bars federal-court suits against states under the Age Discrimination in Employment Act (“ADEA”); (2) whether the ADEA permits an employer to prefer job applicants who command lower salaries if the preference disparately affects older applicants; and (3) whether a union-negotiated seniority system that gives new employees credit for prior experience violates the ADEA by making older, more experienced applicants more expensive and therefore less desirable to the employer.

The Court finds the 11th Amendment does not bar suits against states under the ADEA…