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Opp v. Office of the State's Attorney of Cook County, 09-3714

By FindLaw Staff on December 30, 2010 | Last updated on March 21, 2019

Assistant state's attorneys excluded from ADEA coverage

Opp v. Office of the State's Attorney of Cook County, 09-3714, concerned a former assistant state's attorneys' suit against the county state's attorney, claiming unlawful employment termination in violation of the Age Discrimination in Employment Act (ADEA).


In affirming the district court's grant of defendants' motions to dismiss in ruling that the plaintiffs were excluded from the ADEA's coverage because they held policymaking positions as a matter of law, the court held that the district court's determination as a matter of law of the policymaking status of the plaintiffs' positions was proper because the plaintiffs' positions as assistant state's attorneys gave them inherent policymaking authority, and the plaintiffs' roles as assistant state attorneys were clearly defined by statute.  The court also held that plaintiffs' argument that they were not appointed by the state's attorney and thus cannot be considered "appointees" on the policymaking level is without merit.

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