, Columnist
Subtle Age Discrimination Gets a Court's Blessing
A literal reading of the law produces a bad decision.
But not if you're too old.
Photographer: David Paul Morris/BloombergA company puts out word that it’s hiring: recent college graduates only, no experienced salespeople need apply. That’s age discrimination, right? Not according to a ruling from a federal appeals court last week.
Overturning a half-century of practice, the U.S. Court of Appeals for the 11th Circuit held that job applicants can’t benefit from the disparate-impact provision of the Age Discrimination in Employment Act -- only employees can. The decision, based on a literal reading of the text, flies in the face of logic and common sense. Other circuits won’t agree -- and the U.S. Supreme Court should take the case and reverse the holding.