A six-year legal battle might have ended in appeals court with a ruling in favor of Ohio University for an age-discrimination lawsuit that began in 2002.

Former Industrial Engineering Assistant Professor Robert Lipset, now 56, accused OU of not offering him tenure because of his age.

The Fourth District Court of Appeals sided with OU, stating in its decision that OU presented legitimate reasons for not promoting Lipset to a tenured position. The Fourth District Court judges determined that no one was able to prove that OU’s reason for not granting him tenure or a promotion was because of his age.

 Lipset had been awarded about $266,000 and his job with tenure because of age discrimination in 2006 by the Ohio Civil Rights Commission, according to court documents. OU appealed their decision in the Athens County Court of Common Pleas, and Judge Michael Ward overturned the settlement in
February 2007.

The Fourth District Court of Appeals judges reviewed the case after the Ohio Civil Rights Commission filed an appeal on March 5. The appeals court upheld the Athens County Common Pleas
Court decision.

Lipset can apply to have the Ohio Supreme Court hear the case, but the court also could decide to not hear a further appeal.

It is unclear whether or not Lipset will choose to appeal the Fourth District Court’s decision, said Lipset’s lawyer, Patrick Dull of Columbus.

Lipset’s original claim accused OU of age discrimination because of comments made about him at work. An evaluation form found with a handwritten statement that said he was “too old” to be a professor, Dull said.

Other younger professors applying for tenure with the same strengths in teaching and weaknesses in research were offered tenure although Lipset was not, Dull said.

— Libby Cunningham