Robert Scheick claimed that his employment as a school principal was terminated on account of age discrimination. As evidence, Scheick cited to two statements made to him by the school board superintendent: "they just want somebody younger" and "they wanted someone younger."
These statements, the Sixth Circuit explained, were direct evidence of age discrimination, as they "represent direct references to age" and the "they" could "not have been referring to anyone other than the [school] Board." After a muddled discussion of the "but for" causation standard applicable to federal age discrimination cases (but not the same "but for" causation standard applicable to age discrimination cases under Kentucky law) and what appears to be an assurance to district judges that summary judgment may be granted even where direct evidence of age discrimination is presented, the Sixth Circuit concluded without further explanation that Scheick had presented a fact issue and reversed the summary judgment granted the school board by the district court.
The case is Scheick v. Tecumseh Public Schools, No 13-1558 (September 2, 2014).
Robert L. Abell
www.RobertAbellLaw.com
