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US Appeals Court restricts age-bias claims to employees, not job applicants

Erin Mulvaney of The National Law Journal writes, "A divided federal appeals court Wednesday issued a broad decision rejecting claims from a lawyer that he should be allowed as a job applicant to bring age-discrimination claims for an in-house position he was not offered.

The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, upheld a trial judge’s ruling that said Illinois lawyer Dale Kleber could not bring “disparate impact liability” claims against a company that declined to hire him.

Kleber, who was 58 years old when he applied for a senior counsel position at the medical supply company CareFusion Corp., claimed a seven-year experience cap was discriminatory against older applicants. The appeals court concluded the Age Discrimination in Employment Act protects workers—not applicants—against alleged age bias.

Seventh Circuit Judge Michael Scudder, a former Skadden, Arps, Slate, Meagher & Flompartner appointed to the bench by President Donald Trump, wrote the majority decision. The full court heard the case in September." READ MORE>>

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