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Friday, February 29, 2008

Ind. Decisions - 7th Circuit decides one Indiana case today

In Duncan v. Fleetwood Motor Homes (ND Ind., Mag. Judge Cosbey), a Per Curiam panel ruled in a 13-page opinion:

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 by forcing him to give up his job as a material handler. A magistrate judge, presiding by consent, granted 2 No. 07-1284 summary judgment for Fleetwood. Because we conclude that questions of fact remain concerning the legitimacy of Fleetwood’s explanation for its action, we vacate the judgment and remand for further proceedings.

Posted by Marcia Oddi on February 29, 2008 11:04 AM
Posted to Ind. (7th Cir.) Decisions