“There is no concrete evidence in the record substantiating Horwitz’s allegations that younger teachers were treated more favorably than older teachers. By way of example, the school has provided data showing that between the 1992 to 2000 school years, over 55% of the teaching staff within the Avoca School District were over the age of 40. Dr. Biancalana who began serving as principal of Avoca West in August of 1993, has hired six teachers as well as a school nurse and Library Technology Coordinator over the age of 40. In fact, Dr. Biancalana since arriving at Avoca West, has selected 12 mentors, of whom seven were 40 years of age and older. Her reviews of the eleven teachers over 40 years of age at Avoca West are fairly comparable to her predecessor, in that she gave nine of the teachers the same rating, one a lower evaluation, and one a higher evaluation. … From an objective viewpoint, there is evidence showing that Avoca West hired teachers who were 40 years of age and older, had a staff of teachers that was made up of more than 55% within the protected age category, and afforded such teachers mentoring opportunities. One could even argue that Horwitz’s own case, as she was hired at the age of 48 and tenured at age 50, is an example of the school district’s willingness to hire older teachers and tenure them. Consequently, the district court’s decision to grant summary judgment in favor of the Board on Horwitz’s ADEA claim was proper.”
Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Flaum, J.