Age Is Only a Number

Last October, pharmaceutical maker Eli Lilly and Company settled a federal age discrimination lawsuit with the Equal Employment Opportunity Commission (“EEOC”). The lawsuit alleged that sales representative applicants over 40 were denied positions due to the company’s “Early Career” hiring initiative, which modified hiring goals and preferences to favor millennial applicants.

The EEOC asserted that this alleged practice violated the Age Discrimination in Employment Act (“ADEA”), which prohibits discriminating against employees aged 40 and over.

EEOC Chair Charlotte A. Burrows recently stated: “The EEOC is committed to ensuring that older job seekers are not subjected to unlawful age discrimination . . . older workers offer valuable work experience and skills that can benefit employers in all industries.”

This case serves as a reminder that although an employer may not intend to engage in discrimination, programs or practices designed to favor certain classes of applicants or employees may be subject to legal scrutiny.

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