The EEOC Ignored Precedent in Dismissing Two Age Discrimination Cases

The EEOC ignored legal precedent in August when it dismissed two age discrimination cases where older job applicants were rejected in favor of  far less qualified applicants under the age of 40.

A search of precedential case law on the EEOC ‘s own web site  revealed a federal appeals court decision holding that an employer’s failure to hire a candidate who is significantly better qualified for the job raises a question of illegal discrimination.

This precedent was not followed by Carlton M. Hadden, Jr., director of the EEOC’s appellate unit, who dismissed two age discrimination complaints in August.  The cases were filed by a female attorney, 60, and a white police detective, 48, who were not hired despite having substantially more objective qualifications than selectees under the age of 40. The EEOC upheld Hadden’s rulings. In the attorney’s case, the hiring officer testified he ignored objective qualifications entirely and based his hiring decisions on cultural fit.

The U.S. Court of Appeals for the District of Columbia Circuit in 2006 cited a U.S. Supreme Court decision holding that “qualifications evidence may suffice, at least in some circumstances,” to show that an employer’s proffered explanation is pretext for discrimination. Ash v. Tyson Foods, Inc., 546 U.S. 454, 457, 126 S.Ct. 1195, 163 L.Ed.2d 1053 (2006).

Memo to EEOC: There is an inference of discrimination when when a plaintiff is “significantly better qualified” than the candidate who was hired.

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