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ATTORNEY FOR APPELLANT Raymond J. Hafsten, Jr. Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Deborah B. Trice Karen R. Orr Lafayette, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 79S05-0508-CV-354 MICHAEL B. MONTGOMERY, Appellant (Plaintiff below), v. THE BOARD OF TRUSTEES OF PURDUE UNIVERSITY, Appellee (Defendant below). _________________________________ Appeal from the Tippecanoe Superior Court, No. 79D01-0305-CT-36 The Honorable Randy Williams, Judge Pro Tempore _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 79A05-0411-CV-591 _________________________________ June 29, 2006 Boehm, Justice. We hold that units of state government with twenty or more employees are subject to the federal Age Discrimination in Employment Act and therefore are not governed by the Indiana Age Discrimination Act. We also hold that there is no private civil damage remedy under the Indiana Age Discrimination Act.

Facts and Procedural History Purdue University employed Michael Montgomery from 1973 until he was terminated in 2002 at the age of 57 or 58. In May 2003, Montgomery sued Purdue's Board of Trustees ("Purdue") in Tippecanoe Superior Court alleging that the Indiana Age Discrimination Act ("IADA") "creates a public policy exception to employment at will" and that Montgomery's termination was because of his age and therefore in violation of the Act. Purdue moved to dismiss the complaint for failure to exhaust administrative remedies and failure to state a claim upon which relief can be granted. The trial court entered judgment on the pleadings for Purdue without indicating the basis for its judgment. The Court of Appeals affirmed, concluding that Montgomery's complaint failed to state a claim. Montgomery v. Bd. of Trs. of Purdue Univ., 824 N.E.2d 1278, 1282-83 (Ind. Ct. App. 2005). We granted transfer. 841 N.E.2d 181 (Ind. 2005). I. "Employers" under the Indiana Age Discrimination Act The IADA prohibits discrimination by "employers" on the basis of age. A "governmental entity which is subject to the federal Age Discrimination in Employment Act" ("ADEA"), 29 U.S.C.

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Indiana Law