According to a report from Connecticut Insider, a Connecticut appellate court has ruled in favor of Yale University and Travelers Insurance in an age-discrimination claim. The court found that a job recruitment advertisement seeking “recent graduates” was not inherently age-based discrimination. Here, our Connecticut age discrimination attorney provides a more detailed overview of this case and your options as a job applicant if you were passed over because of your older age.

Court Decision: No Age Discrimination for Job Advertisement

Connecticut Insider confirms that the Connecticut Appellate Court recently upheld a ruling that job ads seeking “recent college graduates” or “recent graduates” did not inherently violate age discrimination laws in our state. In a unanimous decision, the three-judge panel supported Superior Court Judge Matthew J. Budzik’s findings that the term “recent graduate” is not necessarily a reference to age. The court emphasized that recent graduates can be of any age. Notably, the case involved the state Commission on Human Rights and Opportunities (CHRO)—which joined complainant Glenn Liou in claiming that such language in job postings was discriminatory. Mr. Liou had applied to over 80 positions with similar wording in their ads in an attempt to test if they disproportionately and unfairly excluded older applicants.

A Lesson for Discrimination Claims for Job Applicants

In this ruling, the Connecticut Appellate Court’s decision aligns with previous rulings across the United States. Courts have consistently found that “recent graduate” terminology is not inherently discriminatory. Judge Budzik reasoned that no concrete evidence showed this language targets a particular age group. The CHRO may appeal to the Connecticut Supreme Court—although it is uncertain if the case will be reviewed.

Of course, that is not to say that companies never violate the law when focusing their recruiting efforts on younger job applicants. That may absolutely be the case in certain situations. As a job applicant who is considering bringing an age discrimination claim in Connecticut, you should be prepared to show that the company’s efforts are clearly discriminatory on the basis of age. General language seeking “recent graduates” is not sufficient on its own.

State and Federal Laws Protect Older Workers Against Age Discrimination

Workers in Connecticut may be entitled to protection against age-based discrimination under a web of state and federal law. Here is an overview of the age discrimination laws for Connecticut:

Federal Law (Age Discrimination in Employment Act (ADEA)): The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals aged 40 and older from age-based discrimination in the workplace. Enacted in 1967, the ADEA prohibits employers from making hiring, firing, promotion, compensation, or other employment decisions based on age. It applies to employers with 20 or more employees.
State Law (Connecticut Fair Employment Practices Act (CFEPA)): The Connecticut Fair Employment Practices Act (CFEPA) provides protections against age-based discrimination. It applies to workers and job applicants who are 40 years of age and older. Notably, it applies broader coverage than federal law. All employers in our state are covered by the CFEPA.

Three Steps to Take If You Suspect Age Discrimination as a Job Applicant

Did you apply for a job that you were fundamentally qualified for in Connecticut? Do you believe that you were turned away from the position because of your age? If you are 40 years of age or older, you may have an age discrimination claim. A proactive approach is key in these cases. Here are three steps to take:

Document Everything: Documentation is essential. You should start by carefully recording all aspects of your job application process. Among other things, this means saving job postings, emails, and any communication that may indicate age bias. You may want to keep a journal of your interactions during interviews—noting any comments or questions that seemed inappropriate or discriminatory. The more documentation you have, the better.
Speak to a Lawyer: As a job applicant, it can be very difficult to know whether or not you have a viable age discrimination claim at all. You do not have to figure out the claims process alone. The best approach to take is to consult with a Connecticut age discrimination who has extensive experience handling employment law. A Connecticut age discrimination lawyer can help assess the strength of your case based on the evidence you have collected. Your advocate can advise you on the legal options that are available.
Pursue a Claim: You have the right to hold a business, organization, or government agency accountable for age-based discrimination. Failure to hire is a potential cause of action in an age discrimination claim. Your Connecticut workplace discrimination lawyer can help you build and file your claim.

Remedies for Failure to Hire for Age Discrimination

A person in Connecticut who experiences age discrimination in hiring may be entitled to several legal remedies. One primary remedy is back pay—that being compensating for the wages and benefits they would have earned if they had been hired. You may also be awarded front pay, covering future lost earnings until they find a comparable position. In some cases, other damages for age-based discrimination may also be recoverable.

Why Employees Trust Us for Help With Age Discrimination Cases

Age discrimination claims are notoriously complex—especially so for job applicants. At Hayber, McKenna & Dinsmore, LLC, we are standing by, ready to review your case. Our client testimonials and representative case results demonstrate what we can for workers who faced age-based discrimination in Connecticut. Personalized representation is a must in age discrimination claims for job applicants. Our Connecticut employment discrimination lawyers have your back.

We Handle Workplace Discrimination Claims Throughout Connecticut

At Hayber, McKenna & Dinsmore, LLC, our Connecticut workplace discrimination lawyers provide solutions-focused guidance and support to employees. Your rights as an employee matter. If you were subject to any type of discrimination, including age discrimination, we can help. Give us a phone call at (860) 522-8888 or contact us directly online to set up an appointment. Consultations are always fully confidential. We handle workplace discrimination cases throughout Connecticut.