As if things weren’t bad enough with the subtle systemic age-bias against older tech workers, now overt discrimination is not illegal for job applicants.

A divided U.S. appeals court on Wednesday dealt a setback to older job applicants, saying they cannot invoke a federal law against age bias in employment to challenge hiring policies they believe have a discriminatory impact.
In an 8-4 decision, the 7th U.S. Circuit Court of Appeals in Chicago said the “plain language” of the Age Discrimination in Employment Act, which forbids discrimination against people 40 and older, showed that Congress intended that law to cover current employees, not outside job applicants. “Court rules age bias law does not cover job applicants”

We expect job postings, HR and companies all around being more overt about excluding and rejecting older workers.

Job postings like this that we previously pointed out are, sadly, legal.