Daily Labor Report®

Older Applicant Can Sue Over Job Denial for Too Much Experience (1)

April 27, 2018, 3:22 PMUpdated: April 27, 2018, 8:22 PM

A 58-year-old attorney apparently denied a chance to interview for a job because he had too much experience may pursue a claim for unintentional age bias.

The April 26 decision by a Chicago-based federal appeals court creates a divide among the federal circuits over whether federal age discrimination law protects job applicants—and not just existing employees—from the unanticipated but unequal consequences of a facially neutral employment policy. Some have questioned whether permitting job applicants 40 and over to sue for anything other than intentional hiring bias could threaten the long-time practice of campus recruiting and similar efforts to hire younger...

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