Tyburski v. City of Chicago, No. 18-3000 (7th Cir. 2020)
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In 2014, Tyburski, then age 74, applied for a promotion with his employer, the Chicago Department of Water Management. His application was rejected. Tyburski sued, claiming that he was denied the promotion because of his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. 621–634. He also brought a hostile work environment claim under the ADEA regarding harassment he allegedly experienced at two Department facilities.
The Seventh Circuit affirmed summary judgment in favor of the city. Tyburski has not supplied evidence showing that his age, rather than his failing score on the requisite verbal exam, was the reason he missed out on the desired promotion. Assuming a hostile work environment claim is cognizable under the ADEA, Tyburski failed to present sufficient evidence for a factfinder to conclude that the purported harassment he experienced was severe or pervasive. Tyburski also failed to exhaust this claim regarding conduct that allegedly occurred at one facility, as he did not file a charge with the Equal Employment Opportunity Commission reporting that conduct.
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