Schaumburg settles firefighter's age discrimination suit
Schaumburg officials Tuesday settled a 2012 discrimination lawsuit filed by one of their firefighters who said his age was the reason he lost the position of fire department public education officer in 2009.
The settlement agreement calls for the village's insurance company, Lloyd's of London, to pay Schaumburg Firefighter Scott Kody $170,000 and for Kody to separate from the village.
The lawsuit originally sought Kody's reinstatement as public education officer, back pay for time missed and reimbursement of legal fees.
Assistant Village Manager Paula Hewson said the decision to settle the case was made by the insurance company, which is paying the full amount. The village already has met its $100,000 deductible in defending itself in the case.
In settling the lawsuit, the village is making no admission of wrongdoing on the part of itself or any employee, Hewson said.
Kody's exact age was not available Tuesday, but he's older than 65 based on the medical benefits he's entitled to, according to the village.
He has been on unpaid leave since earlier this year and is applying for a disability pension, having exhausted all of his sick time. Kody's recent sick time and application for the disability pension are unrelated to his lawsuit, Village Attorney Rita Elsner said.
According to the federal lawsuit, Kody joined the Schaumburg Fire Department in 1982 and worked as the public education officer from 1984 until he was removed from that position in September 2009.
In April 2009, he also had been removed from various other positions, including the open house and school program, the suit stated.
The lawsuit claimed Kody was subjected to ageist comments from superiors and was encouraged to retire as public education officer because he was "getting up in age."
When the lawsuit was filed, then Village Manager Ken Fritz disputed all its allegations. Fritz said performance was the reason for Kody's removal from that job and that the position was then being held by someone older than Kody.
Hewson said the village's stance has never changed.
Kody's attorneys could not be reached for comment Tuesday.