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Can an employer be liable under any anti-discrimination statute for refusing to hire someone whom the employer thinks is overqualified?

1. Mary Squibb was a nurse who had suffered three back injuries over a seven-year period while lifting patients in her work. She was placed on light duty, followed by an administrative leave. Following the leave, her doctor imposed a lifting restriction of 25–30 pounds, so the hospital offered her a job as a clinical case manager. Squibb declined the position and was fired. Squibb sued the hospital under the ADA for failure to accommodate her disability. The hospital claimed that she was not disabled because she could still perform a large number of jobs, both within and outside of the hospital, even with the restriction. Does Squibb have a case? [ Squibb v. Memorial Medical Center, 497 F.3d 775 (7th Cir. 2007).]

2. Jan Calder, age 60, worked as an account executive for TCI Cable, selling advertising time. Calder believed that she had a number of negative experiences at TCI because of her age. She bases this contention on several facts, including several discriminatory comments made by management at TCI. During one of Calder’s individual meetings with an executive, he told her that she should walk faster, comparing her to a younger account executive. Another manager told her that he did not understand why, “at this time in [her] life,” she did not want free time to travel. Another referred to a job applicant as “grandma” and hired a younger candidate. Is this evidence of discrimination sufficient to support a claim? [ Calder v. TCI Cablevision of Missouri, Inc. , 298 F.3d 723 (8th Cir. 2002).]

3. Can an employer be liable under any anti-discrimination statute for refusing to hire someone whom the employer thinks is overqualified? [ Taggart v. Time, Inc. , 924 F.2d 43 (2d Cir. 1991).]

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