What does the August 7, 2006 decision in the IBM Pension lawsuit mean?
The 3 judge panel in the 7th Circuit Court of Appeals found that IBMs actions were age-neutral and ruled in IBMs favor on both issues being appealed. Following is a statement about the ruling from Doug Sprong, one of the plaintiffs lawyers: Judge Easterbrook’s opinion in Cooper v. IBM ignores the fundamental differences between defined benefit and defined contribution plans and disregards the statutory provisions expressly enacted by Congress to protect older workers from age discrimination. The decision judicially creates an “equal cost” defense for defined benefit plans even though Congress expressly chose not to provide such a defense for defined benefit plans. Because of the adverse impact of this decision on the statutory protections Congress provided all workers, young and old alike, plaintiffs intend to ask the entire Court to reconsider the panel’s erroneous decision. The legal team requested an en banc review by the full circuit court and requested certiorari by the Supreme Co
