In this case, the court addressed the issue as to whether a bank’s policy of refusing to hire college graduates violated the law prohibiting discrimination based on age.

Here, Sol Stein was 58 years old and a college graduate. The bank had a policy not to hire college graduates for certain positions. Mr. Stein applied for one of the positions which disqualified him under the bank’s policies, since he was a college graduate. Otherwise, Mr. Stein appeared to be qualified and he was, in fact, a retired employee of the Internal Revenue Service.

The bank’s policy that disallowed hiring college graduates for the position Mr. Stein sought, was based on a belief that college graduates allegedly would leave after a short period of employment, and because the work load would not be sufficiently challenging in light of their training. Here, Mr. Stein pointed out that there were five other employees of the bank in similar positions who had college degrees.

The court held that although the bank’s policy of hiring did discriminate, the basis for discrimination was reasonable. The bank’s policy furthered their goal by preventing the employment of individuals who will become bored quickly because of their level of qualification; and by not hiring those individuals who are capable of obtaining other, perhaps better paying, jobs shortly after employment. Sol Stein v. National City Bank, (U.S. Court of Appeals, Sixth Circuit, No. 90-4095).

Author: Charles R. Harroun, Attorney at Law