Teacher Failed To Establish District's Proffered Nondiscriminatory Reason For Hiring Younger Candidate Was Pretextual
Affirming the grant of summary judgment for the defendant, the Eighth Circuit
Court of Appeals has held that a
teacher failed to establish that the school
district's proffered nondiscriminatory reasons for hiring younger candidates for
certain positions were pretextual, as required to prove age discrimination in
the failure to hire context, under the Age Discrimination in Employment Act (ADEA).
The district's reasons were that one candidate had high recommendations and
prior experience in the district, that another candidate had a special education
endorsement and high recommendations, and that another candidate had strong
recommendations and experience with students with behavioral problems.
Additionally, the written evaluations for the teacher described her as merely
proficient, as opposed to distinguished.
Wingate v. Gage County
School Dist., No. 34
The 8th Circuit Court of Appeals’ jurisdiction includes North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri and Arkansas.