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Spitzzeri Obtains Dismissal of Employment Discrimination Case Against Automotive Parts Retailer

December 14, 2015

Johnson & Bell Shareholder, Joseph F. Spitzzeri, obtained a dismissal of employment discrimination claims made against his client, an automotive parts retailer. The plaintiff alleged that he was discriminated against based on his age in violation of the Age Discrimination in Employment Act (ADEA). The plaintiff was employed by Mr. Spitzzeri’s client in a position that did not allow for promotion or advancement with the company in October, 2012. The plaintiff contended that due to his experience, he was qualified for other positions within the company that would provide further advancement. The plaintiff alleged that these positions were filled with younger, unqualified employees.  The plaintiff complained about this and subsequently filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) in January, 2015.

Mr. Spitzzeri argued that the plaintiff’s complaint EEOC charge and complaint were not timely under the ADEA since the ADEA required the plaintiff file his charge of discrimination with the EEOC within 300 days of the allegedly discriminatory practice.  The plaintiff asserts he was discriminated against in October of 2012, but did not file his charge of discrimination with the EEOC until January of 2015. The court granted Mr. Spitzzeri’s motion and dismissed the case without prejudice to alleging a claim of hostile work environment. The district court noted that the 7th Circuit has not yet recognized a claim for hostile work environment under the ADEA.

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