The Equal Employment Opportunity Commission moved Monday to strike portions of the defense Kelley Drye & Warren has put forward in the agency’s age discrimination suit against the firm. The motion comes in response to an answer Kelley Drye filed in the EEOC’s action against the New York firm.

The EEOC in January sued claiming Kelley Drye’s compensation practices discriminate against partners over 70 and that the firm retaliated against the de-equitized partner who complained, Eugene T. D’Ablemont, by slashing his 2008 bonus. Kelley Drye in April responded, arguing D’Ablemont and partners like him were not covered by federal employee protections.