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Solon v. Gary Community School Corp.

United States Court of Appeals for the Seventh Circuit
180 F.3d 844 (7th Cir. 1999)


In 1984, the Gary Community School Corporation (Gary Schools) (defendant) began an early-retirement incentive program (ERIP) for teachers and administrators who were 58 to 61 years old. Under the terms of the ERIP, teachers who retired at the age of 58 years received the maximum available number of payments and greater benefits. Employees who retired after the age of 58 years received an increasingly smaller number of payments and fewer benefits for each year they waited. Several of Gary Schools’ teachers and administrators (plaintiffs) challenged the ERIP in federal district court, arguing that the ERIP violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., because the ERIP granted unequal benefits based solely on age. The district court found in favor of the plaintiffs, and Gary Schools appealed.

Rule of Law


Holding and Reasoning (Rovner, J.)

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