In Kleber v. CareFusion Corporation, the Seventh Circuit Court of Appeal stated that the disparate impact protections under the Age Discrimination in Employment Act (ADEA) do not apply to job applicants who are not current employees. Specifically, Section 4(a)(2) of the ADEA specifically states that it applies to “employees.” There, a job posting indicated a position available for an individual with “3 to 7 years (no more than 7 years)” of experience. A 58-year old applicant did not get an interview, and sued for disparate impact under the ADEA because the stated experience requirement necessarily excluded him due to his age.