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ADEA not only remedy for federal age discrimination claims.

Illinois, Indiana, Wisconsin

ON AUG.17, THE 7TH CIRCUIT BROKE from the pack and became the only circuit court to say, in Levin v. Madigan, that the Age Discrimination in Employment Act (ADEA) is not the only recourse for a federal age discrimination claim.

Harvey N. Levin was fired from his position as an attorney at the Illinois Attorney General's office when he was 61 years old and was replaced by an employee in her 30s. He sued his employer under the ADEA, as well as Title VII of the Civil Rights Act of 1964 and 42 U.S.C. Section 1983. The district court dismissed Levin's ADEA and Title VII claims, saying he did not qualify as an employee under those laws. But the court did find that the ADEA did not preclude Levin's Section 1983 claims.

Section 1983 allows for vindication of federal rights protected in other statutes, if those statutes have insufficiently complete remedial devices. In this case, though the 7th Circuit said it was a "close call," the appeals court ultimately found that the ADEA provides different protection than Section 1983 and affirmed the district court's decision.
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Title Annotation:7TH CIRCUIT
Author:Beck, Julie
Publication:InsideCounsel
Date:Nov 1, 2012
Words:191
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