The Equal Employment Opportunity Commission sued Kelley Drye & Warren yesterday for its use of a compensation system that the agency claims discriminates against attorneys based on their age.

The lawsuit, filed in the Southern District of New York, was brought on behalf of labor and employment partner Eugene T. D’Ablemont, 79, and a class of other “similarly situated employees.” The EEOC claims Kelley Drye discriminated against Mr. D’Ablemont and other partners by forcing them to give up their equity at age 70 and earn less than younger attorneys in the firm with similar collections and billings.