Overview
The Illinois State Bar Association’s Diversity Matters June Newsletter features “Are Hiring Practices Targeting College Students Discrimination under the ADEA?” written by Allison Sues. In her article, Allison discusses the question that has never been definitely answered under this statute: whether the Age Discrimination in Employment Act (ADEA) applies to job applicants who are unreasonably affected by age-neutral policies or practices.
Allison points to recent case, Rabin v. Pricewaterhouse Coopers LLP, where an employer’s branding of their recruiting campaign as the “place to work for millennials” resulted in a class action age discrimination lawsuit.
This ruling creates a legal divide in federal courts, as in certain jurisdictions, non-employees and applicants may bring ADEA disparate impact claims against an employer and will not be required to allege that the employer intentionally discriminated against them or denied them a position because of their age.
