A molecular diagnostics company in Wisconsin has agreed to a $90,000 settlement following an allegation by the U.S. Equal Employment Opportunity Commission (EEOC) of age discrimination against a 49-year-old job applicant. The lawsuit, filed by EEOC in March, claimed that Exact Sciences declined the applicant for a medical sales representative role, citing a preference for “more junior” candidates. According to EEOC, notes from a recruiting consultant indicated the applicant was overqualified. The company then hired a 41-year-old candidate with less experience than the plaintiff.
As part of the settlement, Exact Sciences will introduce additional age discrimination training for hiring managers and ensure that third-party recruiters understand the policies against age bias in hiring. The company, however, maintains its stance, stating that the applicant wasn’t selected for legitimate, non-discriminatory business reasons.
Despite the Age Discrimination in Employment Act’s provisions, age bias remains persistent in workplaces. Throughout 2023, several cases addressing age discrimination have come to light. Fischer Connectors settled for $460,000 in March after allegedly replacing an older HR director with younger workers. IBM faced a suit in September from two older HR workers claiming termination due to age.
Target and the Communications Workers of America settled in May over claims of job advertisements targeting only younger workers through social media.
The ADEA prohibits harassment and discrimination based on age in various aspects of employment, including assignments, promotions, training, and benefits.
EEOC’s director in Denver, Amy Burkholder, emphasized that the ADEA applies to employers utilizing third-party recruiters and that discrimination based on age isn’t permissible.
Despite ongoing reports of age discrimination, efforts to strengthen the ADEA continue. Most recently, a group of House representatives sought to pass the Protecting Older Workers Against Discrimination Act, aiming to reinstate the “mixed-motive” test, allowing complainants to establish age as a motivating factor in unlawful employment practices.
