Last week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act.
What does this mean in plain English?
Think “unintentional discrimination.”
In the Seventh Circuit case, the employer had a job description requiring applicants to have “3 to 7 years (no more than 7 years) of relevant legal experience.” The plaintiff was 58 at the time he applied, and had more than seven years of pertinent experience. But, the company hired a 29-year-old applicant instead….