Judge Overturns Rhode Island Age Discrimination Verdict

May 18, 2010

A Rhode Island Superior Court judge has overturned a verdict in favor of a man who claimed he wasn’t hired for Cumberland teaching jobs because of age discrimination.

Roderick A. McGarry was awarded $330,000 after a jury found in his favor in February.

But this month Judge Daniel A. Procaccini set the verdict aside and ordered a new trial.

McGarry had claimed age discrimination when he wasn’t hired for either of two English teacher jobs in 1998 and 1999, when he was 56.

Citing a previous case, McGarry argued the destruction of notes from his interviews was sufficient to find age discrimination.

But Procaccini said the jury gave too much weight to the missing notes. He said McGarry didn’t recall any questioning about age or “discriminatory animus” during the interviews.

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