More Law School Litigation: This time sounding in age discimination in hiring faculty claims at seven law schools

The Courthouse News Service is reporting that 62 year-old Nicholas Spaeth may proceed with his age bias claims against Michigan State University College of Law, the University of Missouri School of Law, Hastings College of the Law, University of Iowa College of Law, the University of Maryland, Baltimore and Georgetown University but only as separate lawsuits against each law school. A federal district court refused to schools motion to dismiss the claims. However, based on Spaeth amended complaint, the court ruled that the law schools acted independently when they evaluated Spaeth's candidacy for a tenured teaching position. Accordingly, Spaeth's age bias claim that each school hired younger, allegedly less qualified candidates, must proceed as separate trials.

Home court advantage to each law school? Probably not. But single plaintiff age bias claims in employment can be difficult to pursue when the burden of proof shifts to the plaintiff. The federal court's failure to dismiss the claim is not a affirmation that the claims have merit under employment discrimination law. [JH]