839 F. Supp. 2d 57
D.D.C.2012Background
- Spaeth, born 1950, applied for tenure-track teaching positions at Georgetown and other law schools through the 2010 FAR process.
- AALS FAR collects applicant profiles, resumes, and teaching preferences; interviews occur at the annual Conference.
- Spaeth had extensive legal and academic credentials and claims to be highly qualified for a tenure-track position.
- Georgetown did not hire Spaeth and hired younger, allegedly less-qualified hires in the targeted subjects.
- Spaeth filed a charge with the EEOC and brought suit alleging age discrimination under the ADEA and the DCHRA, seeking injunctive and various damages.
- Georgetown moved to dismiss under Rule 12(b)(6), arguing Spaeth failed to plausibly allege qualification for the positions and that compensatory/punitive damages are unavailable under the ADEA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Spaeth plausibly states an ADEA failure-to-hire claim | Spaeth was qualified and not hired; hires were younger and less qualified | Spaeth did not apply for the exact positions Georgetown filled or prove qualification for those specific roles | Plaintiff stated a plausible ADEA claim (age was a factor) against Georgetown |
| Whether compensatory or punitive damages are available under the ADEA | Damages should be available under the ADEA as relief for discrimination | The ADEA explicitly provides back pay and liquidated damages but not compensatory/punitive damages | Compensatory and punitive damages are not available under the ADEA and dismissal granted for those claims |
Key Cases Cited
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (2007) (pleading standard; plausibility required for relief)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (plausibility standard; plead factual content beyond mere conjecture)
- Teneyck v. Omni Shoreham Hotel, 365 F.3d 1139 (D.C. Cir. 2004) (elements of ADEA prima facie case; flexible evidentiary standard)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002) (prima facie case is a flexible evidentiary standard not a rigid pleading requirement)
- Carter v. Marshall, 457 F. Supp. 38 (D.D.C. 1978) (compensatory/punitive damages not available under ADEA)