• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Wait, That’s Age Discrimination? Why Yes, Yes It Is

Tom D'Agostino
By: Tom D'Agostino
Read it on Beacon
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: November 7, 2024
4 minute engagement
Policy on raises was age discrimination
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

Unlawful age discrimination can take many different forms – including policies that don’t flat-out say they discriminate based on age but have the clear effect of doing so.

Here’s a case in point: A school district in Illinois was found to have violated the federal Age Discrimination in Employment Act (ADEA) by implementing a collective bargaining agreement provision that had the effect of unfairly limiting the pay of older employees.

Let’s break it all down.

In 1991, language arts teacher Charles Koplinski began working for Urbana School District No. 116 in Illinois.

To calculate a teacher’s pension, the state looks at the average of the four highest consecutive salary years over the last 10 years before retirement.

Teachers hired before 2005, known as “Tier 1” teachers, can retire with a full pension at age 55 with 35 years of service. With 10 years of service, they have to work until age 60. And with five years of service, they must work until age 62.

Teachers with 20 years of service can retire at 55 with a discounted pension.

New Provision Caps Raises For Workers Close to Retirement

In 2005, the state passed a new law that required districts to pay more into the teacher’s retirement system if the teacher received a raise of more than 6% in any of those critical four years.

The district did not like the idea of having to pay more, so in 2007 it added a new collective bargaining agreement (CBA) provision.

The new provision said teachers who were eligible to retire within 10 years could not get an annual raise of more than 6%. The provision had the effect of eliminating any extra payment that would be required by a larger raise.

Applied to Employees Based on Age

That move may have eliminated the need to pay more into the retirement system, but it created a bigger problem: unlawful age discrimination.

More specifically, the CBA provision only applied to employees who were at least 45 years old. (Federal protection against age discrimination begins at age 40.) And it had the clear effect of imposing a wage limitation on older workers that did not apply to younger employees.

Not surprisingly, Koplinski was not a fan of the new CBA provision. He earned a master’s degree in 2008, and by 2015 he had earned enough post-master’s credits to move up on the district’s salary scale.

If he was under 45, his salary would have gone up to $77,242. But because he was within 10 years of retirement eligibility at age 50, the district applied the 6% cap and his salary went up to only $73,880.94 instead.

Koplinski was not alone; the district similarly applied the 6% cap to at least two dozen other teachers.

In 2017, Koplinski filed an EEOC charge against the district, alleging age discrimination. He said that “he was told he was paid less because he was 10 years away from retiring.” The district also allegedly told him that it was state law that limited his salary increase to 6%.

EEOC: Cap Amounted to Age Discrimination

The EEOC jumped on board to pursue the case on Koplinski’s behalf, and that’s never a good thing for employers.

The agency said the district’s application of the cap amounted to age discrimination in violation of the ADEA by limiting salary increases for older workers and by limiting their supplemental pay.

At the district court, both sides asked the court to enter summary judgment in their favor.

The court granted the EEOC’s motion and denied the district’s motion. The record showed that the district’s policy facially discriminated based on age, the court said.

Tier 1 teachers could not retire before the age of 55 – and that meant the only teachers subject to the wage limitations were those who were at least 45 years old.

The district drew “an express line” at age 45, the court explained. Its differential treatment of older teachers amounted to age discrimination in violation of the ADEA, the court held.

The court rejected the district’s argument that a desire to avoid making additional payments into the system was a valid reason to implement the challenged policy on wages.

The EEOC’s motion was granted, and the district’s was denied. The court ordered the district to pay $51,093 in back pay. The EEOC said it will seek additional lost wages in further proceedings.

EEOC v. Urbana School Dist. No. 116, No. 18-cv-2212 (C.D. Ill. 11/7/23).  

Read it on Beacon
Beacon is HRMorning's HR assistant. Open this article there and ask how it applies to your company.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.

Free Training & Resources

EBOOK, White Papers

Engage or Bust:  The Brutal Reality for Self-Funded Employers

Provided by Personify Health

White Papers

How Gwinnett County Strengthens Employee Wellbeing with Maven

Provided by Maven Clinic

White Papers

TriNet – The Total Economic Impact of TriNet PEO (Forrester TEI Report)

Provided by TriNet

White Papers

Customer Service Teams Take the Complaints. Make Sure They Also Get the Thanks.

Provided by Inspirus

SPONSORED CONTENT

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Benefits

Staff Administration

sponsored content
PEO ROI: 3 Numbers to Know Before You Leave Patchwork HR

Courtesy of TRINET

Further Reading

  • Employment Law
What the AI Hiring Conversation Keeps Getting Wrong

The debate around AI in hiring has grown louder and, in many ways, more confused. The cautions around AI are driving most of the conversati...

  • Employment Law
Pay for Jury Duty: New Compliance Obligation in Illinois

Gov. J.B. Pritzker signed HB 4844, requiring Illinois employers with more than 25 employees to pay workers their regular rate of pay for ti...

  • Employment Law
  • Recruiting
5 Traits to Look for Next Time You Hire a Supervisor

Like good frontline employees, every good supervisor is unique. The best supervisors come with some common traits that make them succee...

  • Employment Law
Worker Fired After 2 Positive Drug Tests: Was Termination OK?

Evolving cannabis legislation makes employee drug testing trickier than ever. But if an employee fails two drug tests in a row, it’s prob...

  • Employment Law
Can You Fire an Employee on FMLA Leave? 5 Times Courts Said Yes

What Courts Focus On When Employees Are Fired While on FMLA Leave Whether the termination reason was documented before the FMLA request...

  • Employment Law
‘I Just Need 1 Hour’: Employer Denies Small Ask, Pays Big

A federal appeals court upheld a jury verdict against an employer that denied an employee permission to move her start time back by one hou...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.