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Employment — age discrimination — causation

By: WISCONSIN LAW JOURNAL STAFF//October 18, 2011//

Employment — age discrimination — causation

By: WISCONSIN LAW JOURNAL STAFF//October 18, 2011//

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United States Court of Appeals

Civil

Employment — age discrimination — causation

Even though an employee was discriminated against because of his age, the ADEA provides no remedy because the discrimination did not cause any loss and was not linked to the disability that later precipitated his early retirement.

“To recover front pay as an equitable remedy in lieu of reinstatement, Barton would have to establish causation—that is, that Richardson’s discriminatory removal of his job duties caused the disability that prevents his reinstatement. See Pollard, 532 U.S. at 846 (‘In cases in which reinstatement is not viable . . . because of psychological injuries suffered by the plaintiff as a result of the discrimination, courts have ordered front pay as a substitute for reinstatement.’ (emphasis added)). Here, Barton cannot be reinstated because of the psychological disability brought on by the pressure of updating the knee class. But Richardson did not assign the class to Barton; Richardson had already been terminated. Milton assigned this task after Barton returned from his earlier medical leave, and Barton admits that she did so based on Zimmer’s corporate needs, not because of his age. Accordingly, there is no causal connection between Richardson’s discriminatory removal of Barton’s job duties and the psychological disability that prevents reinstatement from being a viable remedy. Barton’s disability was caused by an unrelated job assignment from his new supervisor.”

Affirmed.

10-2212 Barton v. Zimmer, Inc.

Appeal from the United States District Court for the Northern District of Indiana, Springmann, J., Sykes, J.

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