Thursday, October 21, 2004

Judge Williams of the W.D. Va. grants summary judgment in age case brought by school employee

In DeBord v. Washington County School Board, Senior Judge Williams of the W.D. Va. granted the motion for summary judgment of the School Board on the plaintiff's claim that her employment was terminated unlawfully on account of her age in violation of the Age Discrimination in Employment Act.

The opinion includes a footnote which says this:

"DeBord also cited remarks allegedly made by Jim Rector, then Director of Personnel, where he advocated replacing older women in the office where DeBord worked with younger women “like Monica Lewinsky.” (DeBord Affidavit at 7.) While these remarks are reprehensible, Rector was not the individual who obtained the termination of DeBord. On January 6, 2000, Lee recommended that the School Board terminate DeBord’s contract. At the time, the School Board was composed of James Wallace, Kathryn Roark, Elizabeth Lowe, Jim Bishop, Bucky Boone, Bill Brooks, and Kevin Downs. Motion for Summary Judgment at 9. The School Board voted to terminate DeBord’s contract that day. (Lee Affidavit at 5.) Rector was not a decision-maker with respect to DeBord’s termination, and, thus, his remarks do not comprise evidence that DeBord was terminated for reasons having to do with her age."

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