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FDIC Applicant Can't Fight Obama-Era Federal Hiring Program

Law360 (April 5, 2018, 8:42 PM EDT) -- The Second Circuit on Thursday affirmed dismissal of an age discrimination suit challenging an Obama administration initiative aimed at bringing younger workers into the federal workforce, saying the program wasn’t in effect when the applicant behind the suit was denied a job at 41.

The three-member panel said the Southern District of New York rightly dismissed Federal Deposit Insurance Corp. applicant Brian Neary’s constitutional and Age Discrimination in Employment Act claims, because the Pathways Program, which facilitates recent graduates joining government agencies, didn’t go into effect until 2012 — three years after the FDIC denied him a job.

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


New York Southern

Nature of Suit

Civil Rights: Jobs


Subscribers Only

Date Filed

July 12, 2016

Law Firms

Government Agencies