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U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim 'Disparate Impact' Under ADEA

Author: Jonathan D. Gilman

2/20/2020

Read the full post at HiringToFiring.Law

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim 'Disparate Impact' Under ADEA

Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?

A. The United States Supreme Court recently declined to review an en banc Seventh Circuit decision in Kleber v. CareFusion Corporation, which ruled that the Age Discrimination in Employment Act (ADEA) does not apply to external job applicants who allege that a neutral hiring policy adversely impacted older workers.

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