McGarry v. Pielech

Roderick McGarry (plaintiff) applied for three open English teaching positions at Cumberland Middle School (Cumberland) (defendant) between 1998 and 1999. McGarry was certified to teach English and worked as a substitute teacher at Cumberland. McGarry was 56 years old when he applied. McGarry was interviewed for all three positions but was not hired. McGarry sued Cumberland, alleging that Cumberland failed to hire him because of his age. At trial, McGarry testified that the interviews were pleasant and that he was not asked any age-related questions. Joyce Hindle-Koutsogiane, the school principal and part of the hiring committee, testified that the successful candidates were more qualified than McGarry and that Cumberland had previously hired numerous candidates over the age of 40. Hindle-Koutsogiane further testified that McGarry was allegedly the fourth-ranked candidate in 1998. The interview notes for McGarry’s 1998 interviews, which would have contained his ranking, were lost, and Cumberland provided no explanation for the loss. The jury was instructed that it could draw an adverse inference from the lost interview notes. The jury ruled in McGarry’s favor. However, the trial judge granted Cumberland’s motions for judgment as a matter of law and for a new trial, holding that the jury’s verdict placed too much weight on the lost interview notes and lacked sufficient supporting evidence. McGarry appealed.