A financial services company prevailed in a case alleging violations of the Age Discrimination in Employment Act (ADEA) when a previous decision granting summary judgment was affirmed by the U.S. Court of Appeals for the Eighth Circuit. Our firm defended the financial services company against the claims, which were brought on behalf of a discharged worker and similarly situated former employees and applicants age 40 and above.
The appellant, who the company determined was ineligible for employment when a background check rescreen disclosed a decades-old conviction for which he served several days in the county jail, argued that the company violated the ADEA by not sponsoring workers' Section 19 waivers and by not giving workers a chance to get waivers before their background screenings.
The three-judge panel ruled that the employee was disqualified for employment by a federal statute, not an employer policy, and his discharge was a business necessity.
