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Elderly man awarded $20 million in discrimination suit
By Associated Press
Published: 07/20/2005

An 85-year-old man who sued the California Department of Corrections alleging age discrimination was awarded $20 million by a jury for emotional distress and past and future lost earnings.
Dr. Robert Johnson claimed in the lawsuit that he was forced to retire as chief physician and surgeon at Lancaster State Prison because of his age.
The jury found Monday that Johnson's supervisors had subjected him to age discrimination, retaliation and harassment. Superior Court Judge Aurelio Munoz presided over the month-long trial.
When Johnson refused to voluntarily retire in August 2001, his supervisors complained to the state Medical Board that the physician suffered from memory loss that impaired his work, said Johnson's lawyer, Ralph B. Wegis. Johnson was investigated and cleared of that allegation.
Wegis also said his client was called into a meeting in August 2001 that opened with a colleague asking: "Dr. Johnson, you're over 80 years old, why are you still working?"
During the month-long trial, an expert testified for the plaintiff that Johnson could have worked until age 96.
Lawyers for the state denied that Johnson was treated differently because of his age. They said he was offered other jobs but declined to take them.
The state Department of Corrections plans to appeal the case "based on the excessive nature of the dollar amount," said department spokesman Todd Slosek.


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