The New Jersey Employment Law Firm Blog
Most New Jersey workers know that state and federal employment laws protect them from illegal discrimination. However, what fewer people know is that these very same laws also provide protection to job applications; that is, individuals who applied for an open position but were not selected for employment.
Recently, the United States Court of Appeals, Third Circuit, issued an opinion in an age and disability discrimination case that highlights this longstanding principle. In the case, Porter v. Merakey, the court reversed the lower court’s dismissal of Porter’s claims, finding that the lower court applied incorrect legal principles.
The Facts of the Case
Porter had previously suffered an injury to his leg, which caused him to walk with a limp and required that he stretch his leg out straight while sitting. Eight years after his injury, at the age of 66, Porter applied for an open position at Merakey, a provider of behavioral health services. He met the minimum requirements for the job and was invited to interview for the position.
During the interview, however, Porter observed that the interviewers seemed put off by the fact that he sat with his leg outstretched. Ultimately, Merakey did not hire Porter and instead hired two younger candidates. These younger candidates did not meet the position’s posted requirements for experience and education.
Upon learning that he was passed over for younger, less qualified applicants, Porter initiated a discrimination claim with the Equal Opportunity Employment Commission. In response, Merakey told the EEOC investigator that although the company interviewed for the position, the opening was eventually closed out and Merakey didn’t hire anyone. In light of this, the EEOC issued a notice of dismissal and right-to-sue letter to Porter, who then pursued the claim on his own, citing violations of the ADA, ADEA, and state law.
The District Court dismissed Porter’s claims, prompting this appeal.
The Third Circuit Reversed in Favor of Porter
The Third Circuit Court of Appeals reversed the district court’s decision on three grounds. First, the district court applied the wrong legal standard when it required Porter to present medical evidence that his condition was “substantially limiting.” The Court explained that the jury could find that the interviewer’s displeasure at seeing Porter’s outstretched leg was sufficient to illustrate that Merakey regarded Porter as having a disability, even if that wasn’t the case.
The Court also pointed out that Merakey’s actions in hiring two younger, underqualified applicants could be considered evidence that Merakey was not truthful in its reason for denying Porter employment.
Have You Been Passed Over for a Job You Were Qualified For?
If you recently applied for a job and the employer decided to hire someone else instead, the employer’s actions may have run afoul of state and federal employment laws. At the Resnick Law Group, our New Jersey employment discrimination attorneys have decades of combined experience handling all types of discrimination, retaliation, and wrongful termination claims on behalf of our hard-working clients. To speak with a dedicated New Jersey employment lawyer today, give the Resnick Law Group a call at 973-781-1204 or 646-867-7997 today. You can also connect with us through our secure online contact form.