In the case of Kebler v. CaseFusion Corporation, 7th Cir. No. 17-1206 (Jan. 23, 2019), an Illinois federal appellate court held that the Age Discrimination in Employment Act (“ADEA”) does not protect job applicants from disparate impact based on age.
While the federal appellate court found that the ADEA protects job applicants and current “employees from disparate impact age discrimination, [the ADEA does] not extend that same protection to outside job applicants.” Kebler v. CaseFusion Corporation at 2. Disparate impact discrimination is defined as “practices that are fair in form, but discriminatory in operation.” Kebler v. CaseFusion Corporation at 9. While this is not an Ohio federal case, the case nonetheless demonstrates the unwillingness some courts to extend ADEA protection to job applicants in disparate impact cases, which is a large shift from recent trends.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.