Age discrimination claim involving Utica Schools is dismissed
Robert McPhee argued that he was not made permanent supervisor of operations and security because of age bias. The Court of Appeals, without much detail, held that McPhee's view of the facts was biased and that he failed to present evidence to support his claim that the two successful candidates were unqualified. The Court dismissed his argument that the proffered reasons for failing to hire him were merely pretext. They deemed the schools' decision-making process an "exercise of defendant's business judgment." There is not enough detail in the two-and-one-half page opinion to assess the Court's conclusion.