On March 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Exact Sciences Laboratories, LLC, the Wisconsin-based manufacturer of the Cologuard colon cancer screening test, for violating the Age Discrimination in Employment Act by discriminating against a job applicant based on his age.

In the complaint, the EEOC alleges that the applicant, John Larkin was interviewed for a sales representative role in 2018. After the interview, an Exact Sciences recruiter told Larkin he was not selected because the company was seeking “more junior” job applicants. The company hired a younger candidate, although Larkin was qualified for the position. While the company claimed that Larkin was not hired due to his salary requirements, it paid the younger person hired more than the salary it claimed Larkin requested.

The case was filed in the U.S. District Court for the District of Colorado as Equal Employment Opportunity Commission v. Exact Sciences Laboratories LLC, No. 1:23-cv-00817 (D. Colo.).


Training Managers and Other Employees to Interview and Hire Lawfully

Clear Law Institute, an expert in the compliance-training industry, recommends all "human resource professionals, supervisors, and managers” take a lawful hiring and interviewing training course. Since they’re so closely involved in the hiring and promoting process, it’s key for those within HR and management roles to understand lawful hiring practices. 

Clear Law Institute’s online course, Interviewing and Hiring Lawfully, teaches practical skills for lawfully and effectively interviewing applicants for hire or promotion. Course users learn how to:

  • Effectively interview applicants to determine their qualifications for the job using behavioral-based interviewing techniques
  • Avoid unlawful or poorly phrased questions and comments during the interview
  • Select the best candidate and properly document the selection

If you’d like to learn more on this training for your organization, you can request the full course preview here.