David E. Morrison, a Principal in the firm's Labor & Employment and Litigation groups, was quoted in "Older Job Seekers Face Court Setback in Quest to Bolster Anti-Bias Protections," published in the Jan. 29, 2019, edition of the National Law Journal.
The article discusses the challenges older job applicants face in regards to age bias. Applicants faced a recent setback when a federal appeals court said the primary federal law protecting against age discrimination should be construed narrowly.
The article discusses several age discrimination cases throughout recent years. Mr. Morrison discussed the Supreme Court case Smith v. City of Jackson in which justices said that employees could pursue so-called disparate impact claims under the law, similar to provisions in Title VII of the CRA, which protects workers from discrimination on the basis of sex, race, religion and national origin.
"That ruling focused on claims brought by employees, not applicants. The facts did not impact the majority of the Seventh Circuit's judges, who stuck with a strict interpretation of the statutory language to reach its decision, guided by other Supreme court cases addressing similar issues," Mr. Morrison said.