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Van Antwerp v. City of Peoria, 10-2455

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By FindLaw Staff on December 06, 2010 12:55 PM

Police officer's age discrimination suit

Van Antwerp v. City of Peoria, 10-2455, concerned an eighteen-year veteran police officer's discrimination suit against a city, claiming that the police department withdrew his transfer to a technician position, purportedly because the position did not become available as planned, only to offer the position to another officer four months later.

In affirming the district court's grant of summary judgment in favor of the city,  the court held that plaintiff's direct claim fails as, plaintiff has not offered sufficient evidence to allow a jury to find that the department's legitimate reason for rescinding his transfer was a pretext for discrimination.  Further, even if plaintiff had not waived his indirect claim, it would still lack merit as he is unable to show that the city's reason for not transferring him was a pretext for age-based discrimination.

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