By: WISCONSIN LAW JOURNAL STAFF//August 17, 2012//
By: WISCONSIN LAW JOURNAL STAFF//August 17, 2012//
United States Court of Appeals For the Seventh Circuit
Civil
Employment — age discrimination — civil rights actions
The ADEA does not preclude civil rights actions alleging age discrimination.
“[A]s a practical matter in light of the Supreme Court’s decision in Kimel, state employees suing under the ADEA are left without a damages remedy, as such claims are barred by Eleventh Amendment sovereign immunity. 528 U.S. at 91-92. In contrast, ‘[m]unicipalities do not enjoy any kind of immunity from suits for damages under § 1983.’ Benedix v. Vill. of Hanover Park, Ill., 677 F.3d 317, 318-19 (7th Cir. 2012) (citing Owen v. City of Independence, Mo., 445 U.S. 622 (1980)). Without the availability of a § 1983 claim, a state employee (like Levin) who suffers age discrimination in the course of his employment is left without a federal damages remedy. See Mustafa, 196 F. Supp. 2d at 955 (‘[T]he practical effect [of ADEA preclusion] is elimination of all age discrimination claims made against state actors in federal court.’).”
Affirmed.
Appeal from the United States District Court for the Northern District of Illinois, Chang, J., Kanne, J.