7th Circ. Takes Narrow View Of ADEA For Outside Applicants

Law360 (January 24, 2019, 12:30 AM EST) -- In a split en banc decision Wednesday, the Seventh Circuit ruled that the Age Discrimination in Employment Act bars discrimination of older employees only, not older outside job applicants, killing a previous revival of an attorney's case over his application for a general counsel job at CareFusion Corp.

Eight judges took the stance that the ADEA does not allow an unsuccessful job applicant to sue an employer for using a practice that has a disparate impact on older workers, saying the plain text of section 4(a)(2) of the statute covers discrimination against employees — not outside applicants for employment.

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