Markham v. Geller, 80-1258
| Decision Date | 27 April 1981 |
| Docket Number | No. 80-1258,80-1258 |
| Citation | 68 L.Ed.2d 332,451 U.S. 945,101 S.Ct. 2028 |
| Parties | Walter MARKHAM et al. v. Miriam E. GELLER |
| Court | U.S. Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.
The petition for a writ of certiorari is denied.
This case presents the question whether a school board may enact a policy which, for budgetary reasons, favors the hiring of less experienced teachers. Because I think the Court of Appeals for the Second Circuit erred in holding that such a policy violates the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., I dissent from the denial of the petition for a writ of certiorari.
The respondent in this action was 55 years old when she applied for a position as an art teacher in the West Hartford, Conn. school system. Respondent had 13 years of prior experience as a teacher in New Jersey. When the job opening for which respondent applied was filled by a 26-year-old teacher with three years' experience, respondent initiated this lawsuit alleging violations of the ADEA and pointing in par- ticular to the "sixth step" policy adopted by the West Hartford Board of Education (Board). This cost-cutting policy read:
"Except in special situations and to the extent possible, teachers needed in West Hartford next year will be recruited at levels below the sixth step of the salary schedule."
The "sixth step" is the salary grade reached by teachers with more than five years' experience. This policy would be applicable to the respondent because the Board, like most school districts, gives credit for experience received in other schools.
At trial, the respondent introduced statistical evidence establishing that 92.6% of Connecticut teachers between 40 and 65 years of age (the protected age group under ADEA) have more than five years' experience and thus are discriminated against by the sixth-step policy. The significance of this evidence, however, was minimized by the additional evidence that over 60% of teachers under age 40 also have more than five years' experience. The District Court instructed the jury that petitioners' sixth-step policy was discriminatory as a matter of law and that respondent was entitled to recover if petitioners' employment "decision about [respondent] was made in whole or in part because she was above the fifth step on the salary scale. . . ." The jury returned a verdict for the respondent.
On appeal, the Court of Appeals affirmed in pertinent part. The Court of Appeals likened this case to a Title VII discriminatory impact case and held that respondent's statistics had established a prima facie case of discriminatory impact and that petitioners had not justified their employment practice by a showing of business necessity or need. The Court of Appeals specifically rejected petitioners' contention that the sixth-step policy was supportable as a necessary cost-cutting gesture in the face of tight budgetary constraint. The Court of Appeals reasoned that this cost-cutting justification must fail because of 29 CFR § 860.103(h) (1979), which provides in part:
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...96 S.Ct. 1251, 1263-64, 47 L.Ed.2d 444 (1976); Geller v. Markham, 635 F.2d 1027, 1036 (2d Cir.1980), cert. denied, 451 U.S. 945, 101 S.Ct. 2028, 68 L.Ed.2d 332 (1981); Loeb v. Textron, Inc., 600 F.2d 1003, 1022 (1st Cir.1979). 39 Loeb v. Textron, Inc., 600 F.2d 1003, 1023 (1st Cir.1979) quo......
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Massarsky v. General Motors Corp.
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Age discrimination
...Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993). See also Geller v. Markham , 635 F.2d 1027, 1032 (2d Cir. 1980), cert. denied , 451 U.S. 945 (1981); Criswell v. W. Air Lines, Inc. , 514 F. Supp. 384, 393 (C.D. Cal. 1981), aff’d , 709 F.2d 544 (9th Cir. 1983), cert. granted , 469 U.S. 815 (......
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Age Discrimination
...Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993). See also Geller v. Markham , 635 F.2d 1027, 1032 (2nd Cir. 1980), cert. denied, 451 U.S. 945 (1981); Criswell v. Western Air Lines, Inc. , 514 F. Supp. 384, 393 (CD. Cal. 1981), aff’d, 709 F.2d 544 (9th Cir. 1983), cert. granted, 469 U.S. 815......
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Age Discrimination
...Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993). See also Geller v. Markham , 635 F.2d 1027, 1032 (2nd Cir. 1980), cert. denied, 451 U.S. 945 (1981); Criswell v. Western Air Lines, Inc. , 514 F. Supp. 384, 393 (CD. Cal. 1981), a൵’d, 709 F.2d 544 (9th Cir. 1983), cert. granted, 469 U.S. 815 ......
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Age Discrimination
...Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993). See also Geller v. Markham , 635 F.2d 1027, 1032 (2nd Cir. 1980), cert. denied, 451 U.S. 945 (1981); Criswell v. Western Air Lines, Inc. , 514 F. Supp. 384, 393 (CD. Cal. 1981), aff’d, 709 F.2d 544 (9th Cir. 1983), cert. granted, 469 U.S. 815......