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ADEA Violation

By: Derek Hawkins//November 12, 2019//

ADEA Violation

By: Derek Hawkins//November 12, 2019//

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7th Circuit Court of Appeals

Case Name: David McDaniel v. Progress Rail Locomotive, Inc.,

Case No.: 18-3565

Officials: ROVNER, SCUDDER, and ST. EVE, Circuit Judges.

Focus: ADEA Violation

Plaintiff-appellant David McDaniel alleges his former employer, defendant-appellee Progress Rail Locomotive, Inc., unlawfully discriminated against him on the basis of age and retaliated against him for complaining about a superior, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621–34. The district court ultimately granted summary judgment in favor of Progress Rail. We affirm.

McDaniel has not supplied evidence of any similarly situated employee that would allow a factfinder to determine whether any adverse employment action he experienced was the result of age discrimination or retaliation against him. Summary judgment was therefore appropriate.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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