7th Circuit Court: Age Discrimination in Hiring is Legal

by Evil HR Lady on January 25, 2019

 Dale Kleber was 58 when he applied for a legal position at CareFusion Corp, a unit of medical device maker Becton Dickinson and Co. The company opted not to even interview him, and hired a person with fewer qualifications–who happened to be 29.

Kleber sued under the Age Discrimination in Employment Act of 1967 (ADEA), which protects employees over the age of 40. The 7th Circuit rejected his claim saying that the “plain language” of ADEA showed that Congress meant for it to cover only current employees, not candidates, in the case of disparate impact. 

When we talk about age discrimination, it often gets lumped together with race and gender discrimination, but they come from two different laws. Race and gender are protected under Title VII of the Civil Rights Act and age discrimination is not.

To keep reading, click here: 7th Circuit Court: Age Discrimination in Hiring is Legal

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