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Date: 01-30-2023

Case Style:

Kimberly Benton v. Ortho Clinical Diagnostics, Inc.

Case Number: 21-cv-3922

Judge: Matthew F. Kennelly

Court: United States District Court for the Norther District of Illinois (Cook County

Plaintiff's Attorney:








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Defendant's Attorney: Todd M. Church and Angela Rose Huisingh

Description: Chicago, Illinois civil rights lawyer represented Plaintiff, who sued Defendant on an age discrimination in employment theory.




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Kimberly Benton has filed suit against Ortho Clinical Diagnostics, Inc. (Ortho), an in vitro diagnostics (IVD) company with which she sought employment. Benton contends that Ortho did not hire her as a Regional Health Systems Executive (HSE) because of her age in violation of the Illinois Human Rights Act (IHRA), 775 ILCS 5/1102. Ortho has moved for summary judgment.


Ortho is a provider of equipment and products related to blood testing. On November 19, 2020, Benton applied for a position with Ortho as a Regional HSE for the Upper Midwest Region which was assigned Requisition No. R0006071. A requisition number is a number assigned to a particular job opening for internal tracking purposes. The HSE role is Ortho's highest-level sales role; HSEs target C-Suite hospital executives within an integrated delivery network (IDN). An IDN is a group of hospitals that are affiliated. When Benton applied for the Upper Midwest HSE role, Ortho had six sales areas in the United States, one of which was the Midwest Area. Each area was divided into regions (e.g., Upper Midwest and Lower Midwest), and each region's HSE would report to the Area Sales Director. The Midwest Area did not have an acting Area Sales Director at the time of Benton's application.

Outcome: Motion for summary judgement denied.

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