Executive Summary: On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age Discrimination in Employment Act (ADEA) and Fourteenth Amendment Equal Protection claims, finding that they were not terminated because of their age, but because the employer needed to preserve supplemental insurance coverage for retirees and avoid incurring additional costs.
Articles Discussing General Topics Under the ADEA
A federal court in Michigan dismissed the age discrimination claim of a licensed medical marijuana caregiver who was terminated in connection with an investigation into drug activity at work. Henry v. Outback Steakhouse of Fla., LLC, No. 15-cv-10755 (E.D. Mich. April 18, 2017).
The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination against individuals age 40 and older.
On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights Act. Stilwell v. City of Williams, No. 14-15540, __ F.3d __ (9th Cir. Aug. 5, 2016). The decision is significant because section 1983 may now provide a remedy to a public-sector employee alleging retaliation, based on age discrimination, against a state or local government entity or official. In contrast, no such remedies are available under the ADEA because the U.S. Supreme Court has held that the Eleventh Amendment provides immunity from ADEA claims against state actors. Section 1983 is thus an alternative avenue for a public employee to challenge a public employer’s alleged retaliatory conduct for exercising free speech in the age discrimination context.