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* * * although Zimmer concedes for the sake of argument that Richardson removed Barton’s salesskills teaching duties because of his age, Barton suffered no loss of compensation or benefits.
The problem with Barton’s ADEA claim, according to the 7th Circuit, was that he had no possible available remedy, no matter how badly Richardson had treated him: Barton has a remedies problem. § 626(b), but not “compensatory damages for pain and suffering or emotional distress ,”, 515 U. Because he is totally disabled, he cannot be reinstated (assuming that remedy would otherwise be appropriate).
The ADEA permits reinstatement, back pay, and other “legal or equitable relief as may be appropriate,” 29 U. To recover front pay as an equitable remedy in lieu of reinstatement, Barton would have to establish causation—that is, that Richardson’s discriminatory removal of his job duties caused the disability that prevents his reinstatement.
These new responsibilities provoked a stress-related psychological disability that led to his eventual early retirement, preventing reinstatement.
I don’t know what is going on and why I’m lacking luck in finding Mr. I am educated, refined, and a self made millionaire by age 34. Many men, women, elderly, and children of all ages have told me so.
The 7th Circuit has affirmed a grant of summary judgment in an ADEA case, finding that though the plaintiff had indeed been treated very badly because of his age, it was impossible for the plaintiff to prove entitlement to any remedy that was authorized by the ADEA. Barton, worked in the sales training department for Zimmer, Inc., an orthopedic equipment manufacturer.
A gentleman named Andy Richardson was promoted to become Barton’s new supervisor in May of 2004.The Seventh Circuit had nothing kind to say about Mr. Among other things, Richardson made several comments about wanting to get rid of “old guys” like Barton.During the next year, Richardson removed Barton’s most significant job duties—teaching general selling skills—and replaced Barton’s classes with his own program called “Power Selling,” which he taught himself.He then trained a younger employee to be his Power Selling protégé.Zimmer concedes for the sake of argument that Richardson reduced Barton’s job duties because of his age.So when I hear a woman talk about how “direct” she is, the first thing I think is: “She’s tactless.” I wrote about this in an article for entitled “Are You Honest… ” Self-proclaimed “direct” people often tell their dates what they think about them even if the date didn’t ask.They often try to change partners who have no desire to be changed. 😉 See, there’s a price to pay for “being ourselves.” And if you’re going to express your opinion, you can’t be surprised if other people disagree with you. Maureen Dowd, the Pulitzer Prize winning columnist for the New York Times, wrote an entire book about this, called “Are Men Necessary? One of her main observations is that if an amazing woman like her could be single, there must be something wrong with men., courts have ordered front pay as a substitute for reinstatement.” (emphasis added)).Here, Barton cannot be reinstated because of the psychological disability brought on by the pressure of updating the knee class.These are common attributes of nice guys, yet nice guys think that women don’t like nice guys BECAUSE they’re nice. Again, not EVERY person who is bright is opinionated, and not EVERY person who is funny is sarcastic.But there’s enough anecdotal evidence to suggest a strong correlation. And if good qualities come with bad qualities, have you considered that yours might as well?