The Associated Press is reporting that U.S. District Judge Anita B. Brody for the Eastern District of Pennsylvania has issued a ruling in the case of AARP v. EEOC (discussed in previous posts which you can access here). The court granted AARP’s motion for summary judgment, holding that “[t]he challenged regulation, originally published at 68 Fed. Reg. 41542, is contrary to law and violates the clear intent of Congress in passing and amending the ADEA, as articulated in Erie County, 220 F.3d 193.” The court permanently enjoined EEOC from publishing or otherwise implementing the challenged regulation.
According to the AP, EEOC chairwoman Cari M. Dominguez has said she plans to ask the Justice Department to appeal the ruling.