Scrivener v. Clark College (Majority)
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Kathryn Scrivener sued Clark College, claiming that age was the reason it did not hire her for a tenure track teaching position. She was 55 years old at the time, squarely within the 40- to 70-year-old age range protected by the Washington's Law Against Discrimination (WLAD). The candidates ultimately picked for the positions were both under the age of 40. The trial court granted summary judgment in Clark College's favor, finding that Scrivener failed to prove that the college's stated reason for its decision was a pretext. The Court of Appeals affirmed. The Supreme Court took the opportunity of this case to clarify the standard must meet to overcome summary judgment: Employees may satisfy the pretext prong of the "McDonnell Douglas" framework by offering sufficient evidence to create a genuine issue of material fact either: (1) that the employer's articulated reason for its action is pretextual; or (2) that, although the employer's stated reason is legitimate, discrimination nevertheless was a substantial factor motivating the employer. Applying this standard, the Supreme Court reversed the grant of summary judgment. Scrivener created a genuine issue of material fact concerning whether age was a substantial factor motivating Clark College's decision to hire
younger candidates.
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