KLEBER v. CAREFUSION CORP.

No. 17-1206.

888 F.3d 868 (2018)

Dale E. KLEBER, Plaintiff-Appellant, v. CAREFUSION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 2018.


Attorney(s) appearing for the Case

Daniel B. Kohrman , Attorney, William Alvarado Rivera , Attorney, Dara Smith , Attorney, Laurie A. McCann , Attorney, AARP Foundation Litigation, Washington, DC, Paul Strauss , Chicago, IL, for Plaintiff-Appellant.

David Lawrence Schenberg , Attorney, St. Louis, MO, Tobias E. Schlueter , Attorney, Colleen Grace DeRosa , Attorney, Chicago, IL, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for Defendant-Appellee.

Z. W. Julius Chen , Attorney, Akin, Gump, Strauss, Hauer & Feld LLP, Washington, DC, for Amicus Curiae Chambers of Commerce of the United States of America.

Before Bauer and Hamilton, Circuit Judges, and Darrow, District Judge.


The key provision of the Age Discrimination in Employment Act of 1967 prohibits employment practices that discriminate intentionally against older workers, and prohibits employment practices that have a disparate impact on older workers. 29 U.S.C. § 623(a)(1), (a)(2); Smith v. City of Jackson,

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