Cologuard Manufacturer Rejected Qualified Applicant It Viewed as Too Old, Federal Agency Charges

DENVER – Exact Sciences Laboratories, LLC, manufacturer of the Cologuard colon cancer screening test, violated federal law by discriminating against a job applicant based on his age, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s lawsuit, John Larkin was interviewed for a professional medical sales representative role in 2018. Afterward, an Exact Sciences recruiting consultant told Larkin he was not selected because the company was seeking “more junior” job applicants. The company then hired a younger candidate instead, although Larkin was qualified for the position. Although Exact Sciences claimed Larkin was not hired because of salary information he provided when asked during his interview, the company then paid the younger person hired more than the amount it claims disqualified Larkin.

This alleged conduct violates the Age Discrimination in Employment Act (ADEA) which prohibits discrimination based on age. The EEOC filed suit in the U.S. District Court for the District of Colorado, Equal Employment Opportunity Commission v. Exact Sciences Laboratories LLC, Case No.1:23-cv-00817, after first attempting to reach a settlement through its pre-litigation conciliation process.

“The ADEA requires employers to provide equal opportunities to job applicants 40 and older as they provide to younger applicants,” said Amy...

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