The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et. seq., the Americans with Disabilities Ac (“ADA”), 42 U.S.C. §12101, et. seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, by adopting and implementing a “Late Career Practitioner Policy” (“Policy”) in 2016. This article examines the nature of the age-based screening policies, the Hospital’s Policy, and the underlying law at issue in this case.
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