Equal Employment Opportunity Commission v. Washington Suburban Sanitary Commission

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Senior Judge DUFFY joined.

OPINION

WILKINSON, Circuit Judge:

The Washington Suburban Sanitary Commission (“WSSC”), a public utility, restructured its Information Technology (“IT”) Department by eliminating essentially all of its merit-system positions and replacing them with reorganized, non-merit-system ones. Some of the displaced employees filed an age discrimination complaint with the Equal Employment Oppor tunity Commission, alleging that WSSC conducted the restructuring in violation of the Age…