Wednesday, June 14, 2017

Hiring policy prohibiting the appointment of teachers "above Step 5" found unlawful discrimination because of age


Hiring policy prohibiting the appointment of teachers "above Step 5" found unlawful discrimination because of age
Geller v. Markham, 635 F.2d 1027.

In Geller a School Board policy of not initially employing teachers above “Step 5” (i.e. teachers having more than 5 years of teaching experience) was held to constitute unlawful discrimination because of age by the 2nd Circuit Court of Appeals.

The rejected teachers were able to show that 93% of teachers over age 40 had more than 5 years of teaching experience but only 60% of teachers under age 40 had more than 5 years of such experience.

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