Appeals Court Rules Key Anti-Age Discrimination Protections Don't Apply to Job Seekers, Only Employe

A federal appeals court in Chicago, mirroring a decision in Atlanta, decided that job applicants are entitled to less protection under the Age Discrimination in Employment Act.
by Peter Gosselin Feb. 12, 3:11 p.m. EST

In a decision last month, the 7th U.S. Circuit Court of Appeals in Chicago has sharply limited a federal law that protects workers who are 40 and older from age bias by ruling that key provisions only apply to those who already have jobs, not those seeking them.

The 8-4 decision, written by Circuit Judge Michael Scudder, a Trump administration appointee, said the “plain language” of the Age Discrimination in Employment Act shows that in enacting the measure, Congress aimed its sweeping prohibition against discrimination at employees but “did not extend that same protection to outside job applicants.”

The ruling prompted a fierce dissent from Circuit Judge David Hamilton, an Obama administration appointee, who accused the majority of taking a “deliberately naïve approach” to the law and “closing its eyes to fifty years of history, context and application.”

The ADEA’s anti-discrimination language originally matched that of the 1964 Civil Rights Act, which covers race, gender, religion and other categories. And for much of the last half-century, federal courts have treated provisions of the two laws as largely interchangeable.

The ruling came in a lawsuit brought by an Illinois lawyer, Dale Kleber, who was 58 in 2014 when he applied for a senior attorney position with CareFusion Corp., a unit of medical device maker Becton Dickinson & Co., but was passed over for an interview. The job eventually went to a 29-year-old candidate.

https://www.propublica.org/article/appeals-court-rules-key-anti-age-discrimination-protections-dont-apply-to-job-seekers-only-employees

OH fucking yippie, a trump appointee, and a person that was confirmed by the Moscow Mitch senate, and this is what the country is going to get from these "appointee's.....oh fucking yippie...............this asshole should be annulled , because the "guy" in the white house is criminal...................he is a unindicted co-conspirator in a campaign violation of the law............................along with many other treasonous issues..................