University of Akron

Age discrimination disability discrimination. Plaintiff filed an action alleging age discrimination and disability discrimination. Defendant formerly employed plaintiff as a tenured professor. Plaintiff is a 68-year-old-man. During the spring of 2020, plaintiff went on medical leave to undergo cardiac surgery. In the summer of 2020, defendant notified plaintiff that he was one of 96 full-time faculty members whose employment was terminated as part of a reduction in force (RIF). Defendant motioned for summary judgment, arguing that plaintiff failed to establish prima facie that the RIF was discriminatory. In the context of an RIF, plaintiffs must proffer direct, circumstantial, or statistical evidence that establishes age was a factor in their termination. Plaintiff alleged that his supervisors' inquiries into whether he might soon retire and the fact that only 15% of terminated employees were under the age of 40 constituted evidence of defendant's discriminatory intent. The court found that defendant's university-wide RIF was conducted out of economic necessity, which constitutes a legitimate, non-discriminatory purpose for plaintiff's termination. Accordingly, defendant's motion for summary judgment was granted and judgment was entered in defendant's favor.