A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

• Jurisdiction: United States,Federal,Michigan
• Law Firm: Seyfarth Shaw LLP
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Author: Mr Adam J. Rongo and Erin Dougherty Foley
• Published date: 31 May 2023

Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor's age discrimination claims because the college provided "shifting justifications" over time for its decision not to interview instructor for a tenure-track position.

On May 5, 2023, U.S. District Judge for the Eastern District of Michigan George Caram Steeh denied Delta College's motion for summary judgment in Bardoszek v. Delta College, 1:21-cv-11923, stating that the school "changed its story" about why 68-year-old instructor, Edward Bartoszek, was not interviewed for a tenure-track position.

Bardoszek was an adjunct professor at Delta College where he taught classes in the Dental Hygiene Department and nursing program, and also taught several biology courses. In 2019, he applied to an opening for a full-time, tenure track biology instructor at the college. The college selected a thirty-eight year old candidate, whom Bardoszek believed to be less qualified. Bardoszek asked why he was not considered for the position, and according to Judge Steeh's opinion, the college initially did not provide him with any reason.

After losing out on the job opportunity, Bartoszek filed a charge of age discrimination with the Equal Employment Opportunity Commission ("EEOC"). In its position statement, Delta College denied that age was a factor in its decision. It claimed Bartoszek lacked the proper educational qualifications and relevant work experience. More specifically, Delta College noted that the chosen candidate had a master's degree in biology, which was a requirement for the position, and that Bardoszek's doctorate in dentistry did not meet that requirement. The college also claimed Bartoszek's teaching experience was "limited to working as an adjunct at Delta College in the Dental Hygiene Program."

According to Judge Steeh's opinion, Delta College then changed its story, arguing in its motion for summary judgment that Bartoszek's doctorate in dentistry did meet the educational requirements for the job. The college also acknowledged that Bartoszek taught several biology classes "performing the same job for which he was applying." However, in the litigation, the college instead focused on the deficiencies in Bartoszek's application, such as his failure to submit transcripts, and that his cover...