Equal Employment Opportunity Commission v. Elrod

SPRECHER, Circuit Judge.

This case raises the issue of whether the 1974 amendment to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), constitutionally extends the proscriptions of the ADEA to state and local governments. The constitutionality of the amendment is challenged in an enforcement proceeding under 15 U.S.C. § 49, brought by the Equal Employment Opportunity Commission (“EEOC”) against the Cook County Department of Corrections (“Department”). The EEOC seeks compliance with two administrative subpoenas issued pursuant to the agency’s investigative authority…