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Seventh Circuit: No ADEA Violation When Rehired Retirees Were Terminated to Preserve Supplemental Health Insurance Coverage and Avoid Additional Costs
Ford & Harrison LLP
Aug. 7, 2017
"The Seventh Circuit's decision ... aptly illustrates the difficulty plaintiffs encounter in ADEA cases with the 'but-for' standard of causation. [The case] also underscores the importance of employers not making or acting on 'stereotypical assumptions' about the capabilities of older employees based on their enrollment in Medicare or a Medicare supplemental insurance plan or pension eligibility or using age as the determining factor in employment decisions." [Carson v. Lake County, Indiana, No. 16-3665 (7th Cir. July 26, 2017)]
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