Wyatt Employment Law Report


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Federal Appellate Court Extends ADEA to Job Applicants

By Thomas E. Travis

On April 26, 2018, the U.S. Court of Appeals for the Seventh Circuit ruled that portions of the Age Discrimination in Employment Act (“ADEA”) protect job applicants, in addition to internal employees.

Dale Kleber, a 58-year old attorney applied for a legal position with CareFusion, a healthcare product company.  The job posting called for a “business person’s lawyer” capable of “assum[ing] complex projects.”  The position’s qualifications required “3 to 7 years (no more than 7 years) of relevant legal experience.”  CareFusion reviewed Kleber’s application, but ultimately hired a 29-year old applicant.  Kleber filed a charge of age discrimination regarding the 7-year maximum experience cap with the Equal Employment Opportunity Commission, who issued Kleber a right-to-sue letter in 2014.

In turn, Kleber Continue reading