Agency’s Rejection of Applicant “Born in 1945” Lands It in Federal Court Opposite the EEOC

And speaking of age discrimination, a New Jersey staffing firm is in hot legal waters with the Equal Employment Opportunity Commission over its alleged refusal to refer a job applicant because of his age.

In its lawsuit, the EEOC charged that after Princeton-based Diverse Lynx learned of the applicant’s date of birth, the company sent the applicant an email stating that he would no longer be considered for the position because, according to the email, he was “born in 1945” and “age will matter.”

“Federal laws plainly prohibit employment agencies and staffing firms from engaging in age discrimination,” said Kevin Berry, the EEOC’s New York District director. “The firm told the man, ‘age will matter.’ Actually, the only things that matter are abilities and qualifications, and the EEOC is here to help make sure that’s the way it is in American workplaces.”

DiSavino added, “Apparently Diverse Lynx wasn’t very diverse in its referral practices. Sometimes the EEOC must take action to remind employers that age discrimination is inexcusable and unlawful.”

EEOC filed the suit against the firm on May 9.


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