Move Over Dred Scott: NY Appeals Court Upholds Age Discrimination by Feds

Unfortunately, many federal court decisions live in infamy. Now the U.S. District Court of Appeals for the Second Circuit in New York City has added a new one to the list. A three-judge panel ruled last week that a discriminatory federal hiring program does not violate the U.S. Constitution’s Equal Protection Clause because it involves age discrimination, rather than race or sex discrimination. The Equal Protection Clause states the government shall not “deny to any person within its jurisdiction the equal protection of the laws”. Former President Barack Obama signed an executive order in 2010 creating the U.S. Office of Personnel Management’s Pathways Recent Graduates Hiring Program. The program, which took effect in 2012, created a back-door exception to the Age Discrimination in Hiring Act of 1967, allowing federal agencies to limit hiring to applicants who graduated within the past two years. The Pathways program has had an overwhelmingly disparate…

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