One age discrimination claim is reinstated by Sixth Circuit; another dismissed

A school employee fired by the Tecumseh Public Schools alleged that he was told by the Superintendent that "they just want somebody younger."  Several other statements were made that suggested an age bias, although some were ambiguous.  The Federal District Court dismissed the plaintiff Scheick's case, but the Sixth Circuit reinstated.  It pointed out that while not all of the alleged statements were direct evidence of age discrimination, some were, and collectively they established a question of fact for the jury.

During the same week, in McCarthy v. Ameritech Pub'g Inc., the Sixth Circuit upheld the summary disposition of a second case alleging age and gender discrimination.  The Court agreed in McCarthy that the plaintiff had not established a prima facie case.  The Court held that the plaintiff had not shown that the plan to eliminate positions was dscriminatory and had not complied with ERISA foundational requirements to allege non-compliance by the employer.