Posts tagged Kleber v. CareFusion Corp..
Blogs
3 minute read
In a major decision sure to provoke controversy and legislative attempts to overrule it, the en banc Seventh Circuit, by a vote of 8 to 4, has held in Kleber v. CareFusion Corp., (No. 17-1206, Jan 23, 2019), that Section 4(a)(2) of the federal Age Discrimination In Employment Act ("ADEA") does not provide rejected external applicants with a cause of action.
The case was brought by Dale Kleber, a 58 year old applicant who applied for a position at CareFusion. The job description allegedly “required applicants to have ‘3 to 7 years (no more than 7 years)’” of relevant experience.
The Court focused closely on the text on §4(a)(2) which makes it unlawful for an employer:
Blog Editors
Recent Updates
- New OIG Advisory Opinion Approves Manufacturer’s Warranty for Injuries Caused by Medical Device
- DOJ, HHS Announce Revamped False Claims Act Working Group
- HHS OIG Continues to Highlight How Medicaid Fraud Control Units Recovered $1.4 Billion in FY 2024
- OIG Says Medical Device Company's Proposal to Pay for Exclusion Screening for Customers May Violate the Anti-Kickback Statute
- DOJ Civil Division Announces 2025 Priorities: Promises “Aggressive” False Claims Act Enforcement of Civil Rights Violations and “Impermissible” Gender-Affirming Care