This past Monday, March 18, 2013, the Supreme Court granted certiorari in Madigan v. Levin, an Age Discrimination in Employment Act (ADEA) case from the Seventh Circuit. In Madigan, the issue is whether state and local government employees can bring age discrimination claims directly under the Equal Protection Clause through Section 1983.
The Seventh Circuit’s opinion conflicts with that of the First, Fourth, Ninth and Tenth Circuits, each of which has held that the ADEA foreclosed state and local employees from bringing age discrimination claims styled as Section 1983 actions. Those courts viewed the ADEA as the comprehensive remedial device for such claims, thereby precluding claims under Section 1983. The Seventh Circuit reviewed the legislative history of the ADEA, as well as that it precluded damages against the state, and held that, in the absence of a Section 1983 claim, a state employee would be left without federal damages remedy for age discrimination.
A decision in this case could have significant implications on state sovereign immunity and individual liability issues for age discrimination claims. Stay tuned to the Employment Brief for updates on the arguments and the Court’s eventual opinion.