Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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Court Rejects Age Discrimination Claim Based on University Policy

An Ohio Court rejected an employee's age discrimination claim based on a University policy rejecting the rehire of former retired employees.  Dunaway v. University of Cincinnati, Court of Claims No. 2010-11137 (Jan. 20, 2012): Dunaway applied for employment as an Air Quality Technician with the University of Cincinnati's Administration and Finance Department.  At the time of his application, Dunaway was 58 years old and had retired from the University in a different position. The department had a written policy that discouraged the rehire of former retired employees unless approved by its vice president under certain listed criteria. Dunaway was not interviewed for the position and was rejected for rehire. Dunaway then filed suit in the Ohio Court of Claims and alleged that the University's rejection of his application was discriminatory based on his age because of the University's no re-hire policy of former retired employees.

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