The 7th U.S. Circuit Court of Appeals upheld a district court’s grant of summary judgment in an age discrimination lawsuit brought by a former neurosurgeon against Chicago-based Northwestern Memorial HealthCare and Central DuPage Physician Group, which does business as Northwestern Medicine Regional Medical Group. The three-judge panel issued its decision July 29.
Robert Richardson, MD, alleged his employment was terminated in violation of the Age Discrimination in Employment Act after Regional Medical Group ended his employment in 2020. He cited comments made during the COVID-19 pandemic, including statements that he should work remotely because of his age and risk from the virus. Dr. Richardson also alleged a senior physician told him that if he was “on a ventilator, [he]’d be a goner.”
The appeals court said those comments did not create a reasonable inference that age was the cause of Dr. Richardson’s termination. The court said the medical group terminated Dr. Richardson’s employment in favor of advanced practice professionals and because of concerns about his role and productivity.
The panel concluded Dr. Richardson failed to present evidence from which a reasonable jury could find intentional age discrimination.
Becker’s has reached out to Northwestern Memorial HealthCare for comment and will update this story if more information becomes available.
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