Employment law pop quiz #19 – Ad for "recent graduates"
A job advertisement seeks a ‘‘recent college graduate."
Is that age discrimination?
In a recent case from the Connecticut Appellate Court, a 55-year-old man claimed that Yale University advertised for a ‘‘recent college graduate" and that Travelers insurance advertised for a "recent graduate." He claimed that these were a proxy for age, and a violation of Connecticut's statute prohibiting age discrimination.
The court upheld a lower court's findings that these words did not express a preference for a younger class of applicants.
It's important to note that the claim was that these postings were inherently unlawful per se and that there doesn't need to be proof of discriminatory effects or proof of intent to have a discriminatory effect.
This a very narrow holding.
I certainly don't recommend using this language in a job advertisement.
The case is Commission on Human Rights v. The Travelers (Conn Ct App 10/29/2024) [PDF].
Your results may vary. If you have this issue, consult a good employment lawyer.
(Not me, I'm an arbitrator.)
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