Employer Failed To Proffer Legitimate Nondiscriminatory Reason For Employment Action
Barry Duncan worked at Fleetwood Motor Homes of Indiana for 20 years, 15 of them as a material handler. In 2004, when Duncan was 51, Fleetwood told him he could no longer work as a material handler. The company offered Duncan several less desirable jobs in the following months, and eventually he accepted a position as an assembler. Duncan sued, claiming that Fleetwood violated the Age Discrimination in Employment Act (“ADEA”) by forcing him to give up his job as a material handler. The trial court granted summary judgment for Fleetwood. On appeal, the 7th Circuit reversed, concluding that “the explanation Fleetwood gave for taking Duncan's job cannot be characterized as legitimate.”
Duncan v. Fleetwood Motor Homes
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.