Evans v. Pugh

Summary

**Evans v. Pugh** (8th Cir. 1990): A non-tenured university employee terminated at age 70 under a mandatory retirement policy had no protected property interest in continued employment because Arkansas statute § 21-3-204 used permissive language ("may") granting employers discretion, not entitlement. The ADEA retaliation claim failed for lack of evidence of a causal link between the employee's prior EEOC charges and the university's failure to rehire him. Summary judgment for the employer was affirmed.

Questions Presented

1. Whether Evans had a property interest in his continued employment after age seventy under Ark. Code Ann. §21-3-204.
2. Whether the University retaliated against Evans in violation of the ADEA by not interviewing or hiring him for the Director position in 1987.