The Seventh Circuit gave an unexpected answer when asked: is the Age Discrimination in Employment Act (ADEA) the exclusive remedy for federal age discrimination? Deciding an issue of first impression for that court, it said no. Levin v. Madigan, 7th Circuit, No. 11-2820, August 17, 2012. The Seventh Circuit is an outlier, as every other circuit to consider the question (the 1st, 4th, 5th, 9th, 10th and D.C. Circuits) has held the ADEA is the sole remedy for federal age discrimination claims.
Continue Reading Seventh Circuit Breaks From Majority, Finds ADEA Does Not Preclude § 1983 Age Discrimination Claim