Teacher Argues Tenure Denial Was Result of Age Discrimination
by
Joseph C. Maya on Apr. 21, 2017
Other Education Employment Employment Discrimination Civil & Human Rights Discrimination
Summary: Blog post about a teacher who brought a case against the board of trustees for the Connecticut state university system alleging she was denied tenure because of her age.
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In the case Christine Wagner v. Board of Trustees for Connecticut State University, an employee filed an age discrimination complaint against her employer pursuant to the Connecticut Fair Employment Practices Act, arising from the denial of tenure at age 54 and termination from employment.
The teacher bringing a disparate-treatment claim pursuant to the Age Discrimination in Employment Act (ADEA), must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action and not just a contributing or motivating factor. Connecticut law prohibits discrimination in employment "because of" an individual's membership in a protected class, including race, color, religious creed, age, sex, marital status and national origin. The legislature's decision to include the protection against age discrimination in the same statute that includes protections against other forms of discrimination, without otherwise distinguishing such claims (as under federal law), indicates that it intended that all these claims would be subject to the same standard.
The court found that the employee sufficiently established the "de minimus requirement for a prima facie case" of age discrimination. However, she failed to prove that she was denied tenure because of her age. Rather, the denial was based on a difference of professional opinion, which was not a pretext for discrimination. “Based on the legal standards set forth earlier in this memorandum, these incidents, even when considered altogether, are not sufficient evidence of age discrimination” said the court. “Neither does the court find any evidence that the procedures employed in the review of the [teacher’s] file were different from those used for any other candidate. Rather, the court agrees with the [university] that the [teacher] was denied tenure based on a difference of professional opinion between the president and the designated faculty committees of SCSU.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Wagner v. Bd. of Trs. for Conn. State Univ., 2012 Conn. Super. LEXIS 316, 2012 WL 669544 (Conn. Super. Ct. Jan. 30, 2012)
