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Saturday, October 3, 2026

EEOC: Employers cannot favor 'early career' hires over older candidates - HR Dive

Dive Brief:

  • Pharmaceutical giant Lilly USA allegedly failed to hire older workers for sales jobs in favor of millennials so its workforce would be better “distributed ... by generation,” the U.S. Equal Employment Opportunity Commission said in a Sept. 26 lawsuit (EEOC v. Lilly USA, LLC, No. 22-01882 (S.D. Ind. Sept. 26, 2022)).
  • In 2017, Lilly’s senior vice president for HR and diversity recognized at a leadership town hall that Lilly’s workforce was composed of primarily older workers, according to the lawsuit. He then announced goals for 40% “early career” hiring to add more millennials, the complaint claimed. Thereafter, Lilly allegedly changed its hiring preferences and practices to intentionally under-hire older applicants for sales representative positions. For example, it imposed higher levels of review and approval before hiring older candidates for certain jobs, the EEOC said.
  • The agency sued Lilly for violating the Age Discrimination in Employment Act, which prohibits discrimination against applicants age 40 and over. Lilly denied the allegations, it told HR Dive in an email. “Lilly is an EEO/Affirmative Action Employer and does not discriminate on the basis of age, race, color, religion, gender, sexual orientation, gender identity, gender expression, national origin, protected veteran status, disability or any other legally protected status. We ... remain committed to fostering and promoting a culture of diversity and respect,” the company said.

Dive Insight:

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