Some government employees may be feeling a little more unprotected in the workplace. The first case discussed here involves state and local officials. The second involves feds.

Last month’s update described a case (Okwuv. McKim, No. 11-15369, 9thCir. 6/12/2012) that refused to allow a disability claim against state officials individually under § 1983 where the Americans with Disabilities Act (ADA) does not permit suit against a state agency. The court ruled that the ADA provides exclusive federal remedy for disability discrimination. Watch out if you’re a state or local official in Seventh Circuit territory and someone has an age discrimination charge. The Age Discrimination in Employment Act (ADEA) does not preclude suing state officials under § 1983; so ruled the appellate court in Levin v. Madigan, No. 11-2820, 7thCir. 8/17/2012. Levin is a fired assistant attorney general in Illinois. He alleged sex discrimination (Title VII), age discrimination (ADEA), and violation of constitutional equal protection (§ 1983). He sued the state and five employees individually. The trial court ruled that Levin was a policy making official and so was not covered by Title VII and the ADEA. But the court also ruled that an age discrimination claim could be made under § 1983 and that the individual defendants did not have qualified immunity, i.e., they could not claim they were simply doing their jobs as state officials. (more…)