Dale Kleber v. CareFusion Corporation. Law Research Paper

Dale Kleber v. CareFusion Corporation
Student Name
Institutional Affiliation
Dale Kleber v. CareFusion Corporation
In March 2014, Kleber, 58 at that time, applied for post with CareFusion Corporation. The company had stated that candidates should have between 3 and 7 years of legal experience. Candidates with more than 7 years in the field were not accepted. Kleber had more than the required number of years of experience. The company eventually hired a candidate who was 29 years for the position.
Kleber sued CareFusion under the Age Discrimination in Employment Act (ADEA). The U.S. Court of Appeals for the 7th Circuit ruled against lawyer Kleber. The 8-4 decision reversed a 2-1 ruling that has been made earlier by a panel of the same court. The decision reinstated a decision by a trial court judge that had dismissed Kleber’s claim. The trial judge had indicated that particular age discrimination laws are applicable to current staff members, not outside job applicants. A similar decision was made by the 11th U.S. Circuit Court of Appeals in Atlanta in 2016. In the case, the plaintiff, Richard Villarreal, had the defendant, R.J. Reynolds Tobacco CO. discard his application for a post of a regional sales manager, along with another 20,000 applicants (Gosselin, 2019). The court dismissed the application.
In Dale Kleber v. CareFusion Corporation, the defendant argued that it applied the experience cap based on the idea that individuals more experience would be uncomfortable with less involving tasks and also taking directions from junior lawyers. However, Kleber indicated that such an assumption was unfair given that the company was not in a position to tell the kind of job he was interested in (Elejalde-Ruiz, 2019). The plaintiff went ahead to indicate that he would not have applied for the job if he did not want it. Hence, the assumption that the plaintiff was overqualified was a way of telling him that he was too old c...