Mindless Ageism at Indy Law

"[M]indless age discrimination now threatens to force out my dean (who is doing a fine job) despite assurances given when he was hired three years ago that he would not be subject to [Indiana University's] age limit" writes Indy Law prof Gerard Magliocca on Concurring Opinions in Flagrant Age Discrimination at Indiana University. Apparently Indiana University President Michael McRobbie has decided to strictly enforce a largely dormant policy that deans must step down from their administrative positions at 65. Age discrimination? Probably not. Under ADEA, covered employers are not prohibited from forcing bona fide executive or high policymakers to retire once they are 65 years old but Magliocca doesn't provide details on the assurances given to the Indy Law dean when he was hired --  who made the assurances, in writing?

Employers can take less adverse actions such as demoting or transferring bona fide executives instead of sending them out to pasture by way of forced retirement. One would think that is what will happen in this case if IU enforces this mindless ageism policy. The current dean would probably return to the teaching faculty if that is what he wants to do. Alternatively, there are plenty of law schools who will be looking for talented deans with proven track records and who don't give a damn about the age of applicants.

Magliocca writes "[even if President McRobbie and IU are not violating ADEA] I think the President’s behavior is shameful and sends a clear message to campus that senior faculty are not welcome." IU President Michael McRobbie was born on Oct. 11, 1950. Do the math and mark your calendar for his forced retirement announcement. [JH]