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Case Name Drnek v City of Chicago   EE-IL-0319
Docket / Court 01-840 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Case Summary
On May 17, 2000 the City of Chicago adopted an ordinance that required all police officers and firefighters over the age of 63 to be involuntarily retired at the end of the year. Plaintiff filed suit against the City of Chicago on February 6, 2001 after he was forced to retire from the police ... read more >
On May 17, 2000 the City of Chicago adopted an ordinance that required all police officers and firefighters over the age of 63 to be involuntarily retired at the end of the year. Plaintiff filed suit against the City of Chicago on February 6, 2001 after he was forced to retire from the police force. He alleged a violation of the Age Discrimination in Employment Act (ADEA). This act makes it unlawful to discharge a person because of his or her age but contains a public safety exception for police officers and firefighters so long as the forced retirement is not a subterfuge. Plaintiff also alleged due process violations under the United States and Illinois Constitutions.

The case was consolidated with Minch v. City of Chicago, a case brought by firefighters with the same complaints. On April 9, 2001 Chicago filed a motion to dismiss. The District Court for the Northern District of Illinois (Judge Elaine E. Bucklo) granted defendant's motion to dismiss in regards to the due process claims of the police plaintiffs but denied it in regards to all other claims on March 25, 2002. Chicago then filed a motion to certify an interlocutory appeal to the Seventh Circuit which was granted on May 5, 2002.

The Court of Appeals for the Seventh Circuit (Judge Posner, Judge Manion, and Judge Rovener) ruled on April 9, 2004 that it was possible for a plaintiff to prevail in a case of this sort but that in this particular case it was not. The Court remanded the case to the district court with instructions to dismiss the ADEA claims. On May 13, 2004 the district court (Judge Samuel Der−Yeghiayan) did so. The cases were completely dismissed on January 26, 2005 after the firefights elected not to continue with their due process claims.

Michael Perry - 06/16/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) City of Chicago
Plaintiff Description A City of Chicago police officer forced to retire at the age of 65.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
02-2588 (U.S. Court of Appeals) 10/13/2004
EE-IL-0319-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:01−cv−00840 (N.D. Ill.) 01/26/2005
EE-IL-0319-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/06/2001
EE-IL-0319-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 05/08/2001
EE-IL-0319-0002.pdf | Detail
Document Source: Westlaw
Memorandum Opinion and Order (Denying defendant's motion dismiss as to ADEA claims and granting its motion to dismiss as to due process claims) 03/25/2002 (192 F.Supp.2d 835) (N.D. Ill.)
EE-IL-0319-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order (Denying defendant's motion to reconsider and granting its motion for interlocutory appeal) 05/22/2002 (205 F.Supp.2d 894) (N.D. Ill.)
EE-IL-0319-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Brief of Defendant-Appellant City of Chicago 10/11/2002
EE-IL-0319-0003.pdf | Detail
Document Source: Westlaw
Response Brief of Plaintiffs-Appellees 01/10/2003
EE-IL-0319-0004.pdf | Detail
Document Source: Westlaw
Reply Brief of Defendant-Appellant City of Chicago 02/21/2003
EE-IL-0319-0005.pdf | Detail
Document Source: Westlaw
Opinion (Remanding to the district court with instructions to dismiss) 04/09/2004 (363 F.3d 615)
EE-IL-0319-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Judges Bucklo, Elaine E. (N.D. Ill.) [Magistrate]
EE-IL-0319-0007 | EE-IL-0319-0008 | EE-IL-0319-9000
Der-Yeghiayan, Samuel (N.D. Ill.)
EE-IL-0319-9000
Manion, Daniel Anthony (Seventh Circuit)
EE-IL-0319-0006
Posner, Richard Allen (Seventh Circuit)
EE-IL-0319-0006
Rovner, Ilana Kara Diamond (Seventh Circuit, N.D. Ill.)
EE-IL-0319-0006
Monitors/Masters None on record
Plaintiff's Lawyers Futterman, Ronald L. (Illinois)
EE-IL-0319-0001 | EE-IL-0319-0002 | EE-IL-0319-0004 | EE-IL-0319-9000
Karnuth, Michael R. (Illinois)
EE-IL-0319-0001 | EE-IL-0319-0002 | EE-IL-0319-0004 | EE-IL-0319-9000
Krislov, Clinton A. (Illinois)
EE-IL-0319-0001 | EE-IL-0319-0002 | EE-IL-0319-0004 | EE-IL-0319-9000
Matlack, Joan (Illinois)
EE-IL-0319-0001 | EE-IL-0319-0002 | EE-IL-0319-0004 | EE-IL-0319-9000 | EE-IL-0319-9001
Thomas, William Woods (Illinois)
EE-IL-0319-0004 | EE-IL-0319-9000
Defendant's Lawyers Georges, Mara Stacy (Illinois)
EE-IL-0319-0003 | EE-IL-0319-0005
Rosenthal, Lawrence (Illinois)
EE-IL-0319-0003 | EE-IL-0319-0005
Soloman, Benna Ruth (Illinois)
EE-IL-0319-0003 | EE-IL-0319-0005
Van Allen, Nancy L. (Illinois)
EE-IL-0319-9000
Zreczny, Myriam (Illinois)
EE-IL-0319-0003 | EE-IL-0319-0005 | EE-IL-0319-9001
Other Lawyers McCann, Laurie A. (District of Columbia)
EE-IL-0319-9001

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