Yes, the title of this article is right. The EEOC recently
issued a decision finding that it — the EEOC — did not
discriminate on the basis of age when it chose a 35-year old
applicant over a 71-year old applicant (and we will just tactfully
ignore questions about the EEOC's having the ability to decide
whether it engaged in discrimination). Not only that, but the
EEOC's reasoning in its decision provides great ammunition for
an employer defending against charges filed with the EEOC alleging
discrimination in as to a hiring or promotion decision.
In Hardwick v. EEOC , Ms. Hardwick, who was 71
years old at the time, applied for a job as an EEOC investigator.
The EEOC instead selected an applicant who was 35 years old on the
basis that the younger applicant had attended law school, even
though a law degree was not required for the job. Ms. Hardwick
herself was no slouch applicant and met the qualifications for the
job. She had an undergraduate degree with a major in
