Fired employee who admittedly had not achieved certification cannot sue
Dennis King was employed at ITT Technical Institute. He was advised in February of 2006 that under new rules imposed by the Accrediting Council for Independent Colleges and Schools, he must complete certain coursework in electronics by June 1 of that year. When he didn't achieve certification because he didn't complete the course work, he was terminated.
The Court of Appeals acknowledged that it would have been difficult for King to complete the course work in only four months, but also pointed out that he presented "absolutely no evidence that it would have been impossible to do so." Since he was no longer in compliance with the college's accrediting agency's requirements, the court concluded that "no reasonable trier of fact could have concluded that [he] was 'perfoming his job at a level that met [his] employer's legitimate expectations.' " Therefore, his termination was upheld, despite his allegation of age discrimination.