Wrolstad v. CUNA Mutual Insurance Society

For 25 years, Wrolstad worked at CUNA, eventually becoming a financial reporting manager. In 2009 his position was eliminated in a corporate restructuring. He was 52 years old. At his supervisor’s suggestion, Wrolstad applied for vacant positions at the company, including a job as a pension participant support specialist. CUNA hired a 23-year-old for that position. Wrolstad signed a severance agreement waiving all claims in exchange for 50 weeks of severance pay. Months later Wrolstad filed a complaint with the Madison Equal Opportunities Commission, claiming age discrimination. An investigator dismissed the complaint. CUNA sent Wrolstad a letter explaining that it would sue to enforce the waiver if he did not drop his appeal. Wrolstad refused. CUNA filed a breach-of-contract. Wrolstad filed a second complaint with the Commission, claiming retaliation. Both claims were transferred to the EEOC, which issued a right-to-sue notice. Wrolstad then sued CUNA under the Age Discrimination in Employment Act, 29 U.S.C. 621. A district judge granted CUNA summary judgment, ruling that the age-discrimination claim lacked evidentiary support and the retaliation claim was time-barred. The Seventh Circuit affirmed. Wrolstad’s effort to revive his age-discrimination claim cited new arguments and evidence that he did not bring to the district judge’s attention. The arguments were forfeited and fail on the merits. The retaliation claim accrued when CUNA sent the letter announcing its unequivocal decision to enforce the severance agreement. View "Wrolstad v. CUNA Mutual Insurance Society" on Justia Law