Princeton Company Refused to Refer Older Applicant for Job Because 'Age Will Matter,' Federal Agency Charges

Diverse Lynx, a Princeton, N.J.-based IT staffing firm, violated federal law when it failed to refer a job applicant because of his age, according to a lawsuit recently filed by the U.S. Equal Employment Opportunity Commission (EEOC).

In its lawsuit, the EEOC charged that after 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."

The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination based on age, including discrimination in referrals by employment agencies. The EEOC filed suit in U.S. District Court for the District of New Jersey (EEOC v. Diverse Lynx, Civil Action No. 17-cv-03220), after first attempting to reach a pre-litigation settlement through its conciliation process. The agency's litigation effort will be led by EEOC Senior Trial Attorney Rosemary DiSavino.

"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."

The EEOC's New York District Office is responsible for processing discrimination charges, administrative enforcement and the conduct of agency litigation in New York, northern New Jersey, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire and Maine.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.