Dist. Ct. erred in denying without explanation plaintiff’s request for recruitment of counsel in plaintiff’s ADEA claim that defendant removed him from his light-duty work on account of his age prior to granting defendant’s motion for summary judgment on merits of case. Record showed that: (1) plaintiff was told that as requirement of his return to work from medical leave he had to fill out form and report to defendant’s Leave Management Services office; (2) plaintiff ignored said instructions and reported to former workplace, where he worked light duty for few days before being removed from position until he filled out form; and (3) plaintiff never filled out form and eventually retired over one year later. Plaintiff was entitled to explanation for why request for recruitment of counsel was denied. However, any error was harmless, where: (1) legal counsel could not assist plaintiff in overcoming his failure to fill out required form; and (2) plaintiff failed to present any evidence that younger co-workers who also failed to fill out said form were allowed to perform light-duty work.
Federal 7th Circuit Court
Civil Court
Age Discrimination in Employment Act