This IS a move backwards…
A divided U.S. appeals court on Wednesday dealt a setback to older job applicants, saying they cannot invoke a federal law against age bias in employment to challenge hiring policies they believe have a discriminatory impact.
In an 8-4 decision, the 7th U.S. Circuit Court of Appeals in Chicago said the “plain language” of the Age Discrimination in Employment Act (“ADEA”), which forbids discrimination against people 40 and older, showed that Congress intended that law to cover current employees, not outside job applicants.
The decision reversed a 2-1 ruling last April by a panel of the same court.
It also reinstated a federal district judge’s dismissal of Illinois resident Dale Kleber’s disparate impact claim against CareFusion Corp, a unit of medical device maker Becton Dickinson and Co.
Kleber claimed in his lawsuit that CareFusion decided not to interview him after he applied for a job as a lawyer in 2014, when he was 58 years old, and instead hired a less qualified candidate who was only 29.
The job description required that applicants have “no more than 7 years” of relevant experience, less than Kleber had…..