Blogs2.1.19
The Limits of Age Discrimination Claims: 7th Circuit Issues Employer-Friendly Decision
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Last week, the Seventh Circuit ruled that the Age Discrimination in Employment Act (ADEA) protects employees, but not applicants, in disparate impact age discrimination claims.
Sitting en banc, a divided Seventh Circuit in Kleber v. CareFusion Corp. rejected the adverse impact claim of a 58-year old applicant for an in-house legal position. The applicant argued that the company’s experience limit (seeking no more than seven years’ experience) disproportionately affected older candidates, essentially disqualifying them from the position, and therefore, violated the ADEA. The trial court dismissed the disparate impact claim, and the Seventh Circuit Court’s decision affirms that dismissal. The 55-page ruling includes the majority opinion and two dissenting opinions surrounding the debate as to whether employees, applicants, or both, are protected by the ADEA.
Sitting en banc, a divided Seventh Circuit in Kleber v. CareFusion Corp. rejected the adverse impact claim of a 58-year old applicant for an in-house legal position. The applicant argued that the company’s experience limit (seeking no more than seven years’ experience) disproportionately affected older candidates, essentially disqualifying them from the position, and therefore, violated the ADEA. The trial court dismissed the disparate impact claim, and the Seventh Circuit Court’s decision affirms that dismissal. The 55-page ruling includes the majority opinion and two dissenting opinions surrounding the debate as to whether employees, applicants, or both, are protected by the ADEA.
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