Gartner v. California

How later courts describe this case

• rejecting cost-cutting rationale for school board policy that restricted teacher hiring to persons with less than five years’ experience
• upholding trial court's refusal to grant reinstatement under theory that jury's damage award equal to one-year's salary amounted to finding that teacher subject to unlawful failure to hire under ADEA was deprived of only one year's employment
• allowing age discrimination claim based on disparate income shown by statistical evidence
• school district committed age discrimination by replacing a 55 year old teacher two weeks after she began work
• Rehnquist, J., dissenting from denial of certiorari and questioning whether a discriminatory impact claim may be brought under the ADEA
• refusal to hire persons with more than five years experience inevitably excludes older teachers
• applying disparate impact theory to ADEA age discrimination claims
• Rehnquist, J,, dissenting from the denial of certiorari