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Irving, LeBron pace Cavs over OKC as Love’s back flares up

first_imgAll-Star forward Kevin Love is not traveling with the team on Monday to Dallas so he can undergo an MRI on his back. Love didn’t play in the second half because of back spasms that bothered him earlier this season and the Cavs want to find out what’s causing them.Love scored one point but grabbed eight rebounds in 12 minutes before leaving with 1:50 left in the second quarter. Coach Tyronn Lue said Love’s back was acting up before the game.On Jan. 16, Love was held out of the second half in a lopsided loss to Golden State with lower back soreness and he missed Cleveland’s next game.Love, who was selected as an All-Star reserve last week, has been dealing with a back issue since he arrived in Cleveland. The Cavs are already thin up front after Chris Andersen sustained a season-ending knee injury. General manager David Griffin has been looking for frontcourt depth, and he might be forced to make a major move depending on what doctors find in Love’s back.James has dealt with his own back issues and sympathized with Love.“It’s nothing to play with,” said James, who solved his back problem with stretching and strength exercises. “It’s a terrible feeling when your back is hurt. It just limits you more than anything. I know it’s very frustrating for him because he puts in a lot of work.“Hopefully things get better for him soon.”Leading by 13 at halftime, the Cavs let the Thunder get back within eight before Irving put on a show with several drives to the basket.Showing off his magnificent dribbling skills to open space and tie up defenders, Irving scored three layups in a span of 58 seconds to put Cleveland back up by 17.Oklahoma City made a run with Westbrook on the bench in the fourth, but Irving scored a pair of layups and later drained a 30-footer to give the Cavs a 98-82 lead. Motorcycle taxis ‘illegal’ starting next week — LTFRB board member Westbrook finished with 20 points, 12 rebounds and 10 assists for his 24th triple-double, but the All-Star was closely guarded by Iman Shumpert and only made 7 of 26 shots as the Thunder’s winning streak ended at three.The Cavs focused on making everything difficult for Westbrook and succeeded.“Russell’s seen every imaginable defense,” Thunder coach Billy Donovan said. “He had some good looks, both in deep and in the free-throw line area. He had some 3s. It was a game where maybe shots didn’t go down for him, but I didn’t feel he was laboring to get shots off or he was having a difficult time getting to the rim.“It was one of those games.”And while the Cavs ended a drama-filled stretch with a solid win, there could be more trouble on the horizon.ADVERTISEMENT Marcos monument beside Aquino’s stirs Tarlac town “Show no mercy,” Irving said when asked to describe his mindset after halftime.TIP-INSThunder: Westbrook’s 24 triple-doubles are the most in a season since Wilt Chamberlain had 31 in 1967-68. … It was Oklahoma City’s 11th road game of 12 in January. … Played their first game without reserve center Enes Kanter, who broke his right forearm slamming a chair Thursday. He will be out at least a month. … With Victor Oladipo going 6 of 18, OKC’s starting backcourt shot a combined 13 of 44.Cavaliers: Thompson added four block and four steals. … James has scored nearly twice as many points as Cleveland’s No. 2 career scorer, Zydrunas Ilgauskas (10,616). James scored 7,919 points during his four seasons with Miami. … Cleveland is 29-6 in its last 35 home games against Western Conference teams. … Cleveland made eight 3-pointers after dropping at least 13 in five straight games.ANOTHER MILESTONEJames became the first player in Cavaliers history to score 20,000 points for the franchise. He came in needing six points to hit the plateau and reached it with a layup early in the second quarter.UP NEXTThunder: At San Antonio on Tuesday.Cavaliers: At Dallas on Monday, the first of three back-to-backs before the All-Star break. Sports Related Videospowered by AdSparcRead Next View comments Bulacan inmates, jail guards raise donations for Taal victims Filipinos turn Taal Volcano ash, plastic trash into bricks PLAY LIST 01:40Filipinos turn Taal Volcano ash, plastic trash into bricks01:32Taal Volcano watch: Island fissures steaming, lake water receding02:14Carpio hits red carpet treatment for China Coast Guard02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite Ben&Ben, IV of Spades, SB19 win big at 5th Wish Music Awards Luis Manzano jokes about Mikee Morada’s proposal to Alex Gonzaga: ‘Baka nagtali lang ng sintas’ LATEST STORIES DILG to lock shops in Tagaytay City, other areas near Taal Anne Curtis talks about renewing faith in God amid the world’s ‘noise and clutter’ MOST READ Palace: Crisis over ABS-CBN franchise unlikely Cleveland Cavaliers’ LeBron James, left, passes against Oklahoma City Thunder’ Andre Roberson in the second half of an NBA basketball game, Sunday, Jan. 29, 2017, in Cleveland. APCLEVELAND — LeBron James sang and danced while dressing at his locker to New Edition’s “Can You Stand The Rain” following Sunday’s win.Although the song’s theme of weathering a storm was fitting for the Cavs, James insisted the selection wasn’t intentional.ADVERTISEMENT Don’t miss out on the latest news and information. Panelo: Duterte only wants to emulate strong political will of Marcos D-League: Tanduay whips Wangs for 1st win “It has nothing to do with that,” James said, alluding to some recent self-induced drama for the NBA champions. “It’s just the groove I’m in right now.”Kyrie Irving scored 29 points, James had 25 and 14 rebounds and Cleveland played one of its best all-around games in weeks, containing Russell Westbrook and beating the Oklahoma City Thunder 107-91.FEATURED STORIESSPORTSEnd of his agony? SC rules in favor of Espinosa, orders promoter heirs to pay boxing legendSPORTSBreak new groundSPORTSMcGregor blasts Cerrone in 40 seconds in UFC return Tristan Thompson added 19 points and 12 rebounds for the Cavs, who have won two straight after losing six of eight amid internal turmoil sparked by James criticizing the team’s roster following a recent loss. But while not forgotten, the chaos has calmed down a bit and a quality win sure helps.“We just want to play good basketball and tonight we did that,” James said. “It started with the defensive end.”last_img read more

Stars boss Kimanzi relishes Togo test

first_img0Shares0000NAIROBI, Kenya, February 22- With a week before Harambee Stars face Togo in a 2013 Africa Nations Cup first leg knock-out round qualifier, head coach Francis Kimanzi believes his side is yet to evolve into a forceful unit due to inadequate training time.“Well, the progress has been slow since it has been a huge task for the same players to honour league matches so most of the time we have had an uneven number which makes it more difficult in tactical preparation.“But equally, we have made some progress, I don’t believe it is enough, it can never be enough, I would have preferred to have all the prayers around but it is not possible. With the few days we have been working we have managed to scored five training sessions in two weeks but it is not enough,” Kimanzi said at Nairobi’s Moi International Sports Centre, Kasarani where the team has been based in the past fortnight. “I prefer playing a team of that magnitude as opposed to playing a team you know none of the players since psychologically, you lose a lot in terms of the mental strength,” he assessed.Kimanzi who was re-appointed as head coach following public clamour at the back end of last year after being sacked in 2009 was quick to cool the high expectations placed on the team by none other by the country’s Prime Minister, Raila Odinga and Football Kenya Limited boss, Sam Nyamweya.“It is always a dream of anyone to see a team in a big tournament but what is important for me is the qualifier. My Cup of Nations, be it World Cup starts on Wednesday, that is our World Cup match , that is our Nations Cup match.”On Tuesday night during the official unveiling of the Sh110m ($1.34m) three-year sponsorship deal for the team by beer firm, Kenya Breweries, Nyamweya boldly stated the side had the means to qualify for the 2013 Nations Cup and 2014 World Cup in Brazil with the Premier echoing the same.The coach refused to be drawn into the fate of Arnold Origi, the Norway based FK Moss keeper on loan at Fredrikstad who announced his shock international retirement last month at 28 having been the first choice custodian for the side. “I prefer to talk about the players who are arriving and the preparations. We already have three keepers in camp,” he added.The coach is pleased the fulcrum of his side playing overseas, French side AJ Auxerre striker Denis Oliech, the Stars captain and the Wanyama midfield brothers of Serie A Parma AC, MacDonald Mariga and Scottish giants Celtic Victor Mugubi are getting enough game time for their sides.“They are making steps in developing themselves by having more playing time. The maturity they are getting will help a lot and the experience they will bring to the side when we play the big match at home; we need them to inject the calmness and confidence needed.”Players in camp: Duncan Ochieng, Patrick Matasi, Anthony Kimani, Mulinge Ndeto, Pascal Ochieng (assistant captain), James Situma, Dennis Odhiambo, Yusuf Juma, Osborne Monday, Peter Atsango, Bernard Mangoli, Rama Salim, Humphrey Mieno, Jamal Mohammed, Collins Okoth, Kevin Ochieng, Kelvin Serenge, Enock Agwanda, Bob Mugalia and Allan Wanga.0Shares0000(Visited 1 times, 1 visits today) Stars welcome Togo, led by in form English Premier League Tottenham striker, Emmanuel Adebayor at Nyayo National Stadium next Wednesday hoping to craft a home leg advantage to take to Lome next month with the aggregate winner qualifying for the next qualifier knock-outs in June. Thus far, the coach has had to contend with lack of his complete set of local based call-ups in camp due to domestic and continental club fixtures with the overseas players expected to start arriving on Saturday at the earliest.On Wednesday, the Kenyan Premier League ruled to defer three Sunday fixtures with players in the national team to give Kimanzi and his technical bench more time with the squad with the coach also contending the time he will spend with his overseas based call-ups before the match as insufficient.“I hope they will arrive on time since most of them are playing on the (February) 25th and 26th. It’s a busy schedule but the federation with the logistics to see whether we can fly him in on Saturday and Sunday,” he expressed.Kimanzi however, stressed limited time with his players was not his way of sending in the excuses early in case Kenya prolong their major tournament drought by failing to get a result against Togo.“It makes the game more interesting when they bring in the big players, it is very good for us when we play them at home and it is very good for the mental aspect of our players. last_img read more

Crash kills border agent, woman

first_imgBoth drivers died at the scene. The agent’s identity is being withheld until relatives are contacted. By The Associated Press SANTEE – A U.S. Border Patrol agent was was killed by a speeding, wrong-way driver in Santee. Border Patrol spokesman Richard Smith says the agent was on his way home from work in east San Diego County when a woman in a compact car driving the wrong way on Highway 52 crashed head-on into his pickup truck. Smith says a witness reported the woman was traveling at more than 100 mph. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img

DONEGAL BUILDER GAVE €129,000 TO FIANNA FAIL

first_imgDonegal builder Pat Doherty’s Harcourt Developments, which built the Park West business campus in Dublin and is behind the Titanic Quarter project in Belfast, made substantial donations to Fianna Fail, it is reported today.Harcourt Developments, and its subsidiary Airscape, gave €129,000 to Fianna Fail and €44,900 to the PDs, the Irish Independent reports.Further reading here: http://www.independent.ie/national-news/ff-had-biggest-party-as-boom-builders-handed-over-300000-3021703.htmlThe man who is now leading the party’s fundraising drive – mostly from small donations from private individuals – is  Darragh McShea, 26, from Ballyshannon. DONEGAL BUILDER GAVE €129,000 TO FIANNA FAIL was last modified: February 16th, 2012 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

CHANGE A LITTLE, CHANGE A LOT – UPDATE

first_imgFREE Profiling for Organisations Who Win An Accessibility Award Blog Post  Organisations who achieve Bronze, Silver or Gold standard in the Change a Little, Change a Lot Accessibility Awards will avail of a free media package from Media Box.Ahead of a FREE drop-in event at Media Box as part of Donegal County Council’s Social Inclusion Week, Joanne Sweeney-Burke talks about their involvement in the awards.Watch video here: http://www.youtube.com/watch?v=u_p7UqX2asU “Backstage Access” will take place at Media Box, Unit A8, Enterprise Fund Business Centre, Ballyraine, Letterkenny on Wednesday 19th September from 11am-3pm.It will offer attendees a free Accessibility Health Check, walk them through the application process and ultimately show them how they can help increase their footfall and their bottom line by becoming more accessibility friendly.For more information call 074-9168478 or email joanne@mediabox.ieLog onto www.changealittlechangealot.con to find out more. CHANGE A LITTLE, CHANGE A LOT – UPDATE was last modified: September 12th, 2012 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:ChangeA Little Change A Lotlast_img read more

Inch, Miles find success

first_imgThe Born to Act Players close their eyes and take a few deep breaths to focus and relax before starting their journey to find success Saturday. When you are a young person with Down syndrome, the world is a pretty daunting, hectic place. Quiet moments like these help ease the way and clear the mind. “Every day, every way, I am getting better and better,” Susie Schallert, Casey Powell, Kristine Johnson and others chat in unison. “I am talented. I am creative. I am beautiful.” AD Quality Auto 360p 720p 1080p Top articles1/5READ MORE11 theater productions to see in Southern California this week, Dec. 27-Jan. 2And they are. No doubt about it. You couldn’t find a better ensemble on Broadway to bring alive the Pyramid of Success principles written by legendary UCLA basketball coach John Wooden in his children’s book “Inch and Miles: The Journey to Success.” These are all young men and women who have had to fight for every inch of respect and admiration they’ve earned because too many people in our society can’t look beyond their disability to see their talent. No one would understand this more than the greatest talent scout of all, John Wooden. His great-grandson, Cameron Trapani, 13, is a special-needs student in assistant teacher Glenn Powell’s classroom at Lull Special Education Center in Encino. About a month ago, Powell asked Cameron’s mom, Catherine, if she would ask her grandfather if he would allow the Born to Act Players to perform his book “Inch and Miles” in their upcoming show at Valley College. “She said she would ask her grandfather,” Powell said. “The next day, she came in and told me he said yes. We were absolutely thrilled.” Wooden, who is 95, was unavailable for comment this week, but watching these special-needs young adults bring alive his inspirational words at rehearsal Saturday, you just knew he’d be as proud of them as any of his national championship teams. Because if Wooden has taught us anything, it’s that success isn’t about winning or being the best athlete. It’s about effort and heart. The Born to Act Players are 100 percent effort and heart. “Coach Wooden’s family is coming to the show next Sunday and we’re hoping he’s going to feel well enough to join them,” said Powell, who portrays Wooden in the play. It is the last day before summer vacation, and Inch and Miles’ have one final assignment. The teacher – Mr. Wooden – has just written this question on the board: “What is success?” Miles the Mouse says that’s easy: “Success is winning a shiny medal or trophy for first place.” Mr. Wooden shakes his head. Inch the Inchworm says: “Success is being the most popular kid at school and having the most friends.” A frown crosses Mr. Wooden’s face. They were both wrong. “Success is happiness in your heart because you try 100 percent to be your personal best,” he says. With that, Mr. Wooden sends Inch and Miles off on an adventure to find success – along the way, meeting Axelrod the Ant, Betty the Bee, Charlie the Chimp, Silky the Spider, Louie the Lion and a dozen other lovable animal characters who each provide a step on the Pyramid of Success. Silky the Spider takes my hand and walks me across the rehearsal hall at Valley College on Saturday morning to introduce me to some of her friends – Louie the Lion and Fred the Frog. “We help Inch and Miles find success,” says Silky, aka Susie Schallert, who has been a member of the cast since 2003, playing the Little Mermaid and Juliet in previous productions. “Success is being happy and trying real hard, and that’s what we do,” says Casey Powell, aka Louie the Lion. Glenn Powell is his dad, and Mary Rings, director of the Born to Act Players, is his mom. Rings started the group with other parents of Down syndrome children in 1994 in a small studio space in North Hollywood. From a few kids, the cast has grown to more than 30 today. They meet in the auditorium at Valley College every Saturday to rehearse for their two annual fundraising performances. Starting each rehearsal with a little chant that says it all: “I am talented. I am creative. I am beautiful.” Dennis McCarthy’s column appears Tuesday, Thursday, Friday and Sunday. dennis.mccarthy@dailynews.com (818) 713-3749 IF YOU GO To see the Born to Act Players’ summer performance of “Once Upon a Time” – which includes “Inch and Miles” – call director Mary Rings at (818) 345-5057. There are two performances next weekend: 7 p.m. Saturday and 2 p.m. Sunday at the Valley College Horseshoe Theater, 5800 Fulton Ave., Valley Glen.160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Football Talk: Murty to remain in charge, Larsson v Ljungberg

first_imgBack in the land of football news again, Graeme Murty looks set to take charge of Rangers for the “foreseeable future”. Remi Matthews’ heroics now means Dunfermline are only the second side never to score in a Scottish Cup penalty shootout. And Henrik Larsson will go head-to-head with fellow former Celtic striker Freddie Ljungberg managing a fans’ match in Sweden. Cue Celtic fans opening Skyscanner… Roses are red, violets are blue, Valentine’s Day is over, so let’s all move on too. It may be done for another year but that doesn’t mean we can’t have a laugh at some of the loved up tweets shared by fans and players alike. Our bromance chat on Twitter showed that just like a puppy at Christmas, it’s not just for Valentine’s Day. You can see the best of the replies in our social media section below. Carlton Cole held his own, posting a string of entertaining posts as well, clearly gearing up for the big night. last_img read more

Paoli Woman Busted For Having Meth in Car

first_imgDuring the traffic stop the officer found drugs in the vehicle.She was arrested and booked intothe Orange County jail without the incident. A Paoli woman was arrested on multiple drug charges after police stopped her for a operating a vehicle without a license over the weekend.Police arrested 41-year-old Heather Nickerson, charges of possession of meth, a Schedule II controlled substance and marijuana, maintaining a common nuisance and operating a vehicle without ever being licensed.According to a news release, an Orleans police officer stopped Nickerson’s vehicle at 1:20 p.m. Saturday, after the officers spotted Nickerson driving and knew she did not have a valid driver’s license.last_img

Varsity football weekly update

first_imgBy Paul LeckerSports ReporterThree of the four local high school football teams have clinched WIAA playoff spots and will play for seeding this Friday as the regular season comes to an end.Spencer/Columbus, Stratford, and Auburndale are in the postseason field and will finish out their respective conference seasons Friday.Marshfield will host first-place Oshkosh North in its season finale. The Tigers will not qualify for the playoffs for the first time since 1995. Here is a look at the Week 9 matchups:Oshkosh North Spartans at Marshfield TigersGame time: 7 p.m. FridaySite: Beell Stadium, Marshfield Middle SchoolRadio: WDLB-AM 1450 and wdlbwosq.comRecords: Oshkosh North 7-1, 6-0 Valley Football Association – South Division; Marshfield 2-6, 1-5 VFA South.Last week: Stevens Point scored a touchdown with just more than four minutes remaining to top Marshfield 21-14, handing the Tigers their third-straight loss. Marshfield quarterback Derek Coffren passed for 151 yards and threw touchdowns to Zach McManus and Kegan Fassler. Stevens Point racked up 231 yards on the ground, 126 from quarterback Victor Kizewski and another 104 from Ethan Clark. Oshkosh North won its seventh game in a row, beating crosstown rival Oshkosh West 24-13.This week’s matchup: Oshkosh North, last year’s VFA South champion, has clinched at least a tie for another conference crown and can wrap up sole possession of the title with a victory against the Tigers. North brings a high powered offense that is led by running back/quarterback Alex Hintze, who is second in the conference with 898 yards rushing. Hintze and Alex Struensee have combined for more than 700 passing yards and 10 touchdowns. Marshfield will close out its season looking for the upset of the ninth-ranked team in Division 2 in the WisSports.net State Coaches Poll. Junior running back Nick Hoheisel has 148 yards on 30 carries over the past two games for the Tigers. Osseo-Fairchild Thunder at Spencer/Columbus Catholic RocketsGame time: 7 p.m. FridaySite: Spencer High SchoolRecords: Osseo-Fairchild 4-4, 4-3 Cloverbelt Conference; Spencer/Columbus Catholic 5-3, 5-2 Cloverbelt Conference.Last week: Spencer/Columbus found it tough to get anything going at undefeated Edgar last Friday, losing the nonconference matchup 28-6. The Rockets were held to 175 total yards and just 118 rushing yards on 37 carries. Hunter Hildebrandt led the way with 59 rushing yards, and quarterback Calvin Lenz had the Rockets’ only touchdown on a 10-yard run. Osseo-Fairchild lost a shootout to Colby 35-34.This week’s matchup: Osseo-Fairchild relies heavily on quarterback Kyler Hagen, who threw for 368 yards and three touchdowns and ran for 76 yards and two more scores in the loss to Colby. Hagen has thrown for 1,710 yards and 15 touchdowns but has also thrown 14 interceptions to go along with 474 yards rushing and five touchdowns on the ground. The Thunder will earn an automatic playoff spot with a win but could still be considered for a spot if they end up with a 4-4 record in the conference. Spencer/Columbus continues to try to get healthy as leading rusher Mitch Susa has been limited to three carries over the past two games. Osseo-Fairchild won last year’s matchup 45-22 as Hagen passed for 122 yards and ran for 121 more. The Rockets were limited to 38 yards rushing in that game.Marathon Raiders at Auburndale ApachesGame time: 7 p.m. FridaySite: Auburndale High SchoolRecords: Marathon 4-3, 4-2 Marawood Conference; Auburndale 5-2, 4-2 Marawood Conference.Last week: Auburndale came up just short of knocking off Stratford, losing 21-20 on the road. Wyatt Weiler hit Matt Nikolay for a 22-yard touchdown pass with 5:29 remaining and decided to go for a two-point conversion and the lead, but the run attempted by Weiler failed. Weiler threw for 167 yards and ran for 78 in the loss. Nikolay finished with 11 catches for 109 yards and the touchdown. Weiler added a 13-yard touchdown run and a 41-yard touchdown pass to Tyler Weber. Marathon shut out Chequamegon 21-0 to clinch a WIAA playoff spot.This week’s matchup: Auburndale will guarantee at least a tie for second place in the Marawood Conference with a victory. The Apaches, making their third consecutive playoff appearance, will continue to rely on the playmaking of Weiler, who has rushed for nine touchdowns and thrown for four more this season. Marathon running back Ethan Seubert has gained more than 700 yards on the ground, leading the Marawood in rushing.Stratford Tigers at Pittsville PanthersGame time: 7 p.m. FridaySite: Pittsville High SchoolRecords: Stratford 5-3, 4-2 Marawood Conference; Pittsville 2-6, 1-5 Marawood Conference.Last week: Stratford edged Auburndale 21-20 last Friday at home to clinch a WIAA postseason berth for the 23rd-straight season. Taylor Krall had 82 rushing yards on just 11 carries and scored twice, and Kam Bornbach added another rushing touchdown for the Tigers. Jake Reif caught four passes for 89 yards as quarterback Michael Bargender threw for a total of 111 yards. The Tigers stopped Auburndale on a two-point conversion play with 5:29 remaining in the game and again on fourth down in the final minute to preserve the victory. Pittsville lost a nonconference game to Spring Valley 42-13.This week’s matchup: Krall, who had just 13 carries for 81 yards entering last week’s game, doubled his rushing output for the season and gave the Tigers a boost. Stratford is averaging less than 4 yards a carry overall but now has four competent running backs in its stable. Pittsville relies on running back Nathan Dupee for most of its offense. The Panthers have thrown for just 328 yards in six games. Dupee is second in the Marawood in rushing with 581 yards.last_img read more

Appellate Court Rules that Age Discrimination Against Certain Job Applicants is Okay — Sort of

first_imgLast week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act.What does this mean in plain English?Think “unintentional discrimination.”In the Seventh Circuit case, the employer had a job description requiring applicants to have “3 to 7 years (no more than 7 years) of relevant legal experience.” The plaintiff was 58 at the time he applied, and had more than seven years of pertinent experience. But, the company hired a 29-year-old applicant instead. The younger applicant met, but did not exceed, the prescribed experience requirement.The plaintiff argued that this hiring policy, while neutral on its face, tends to discriminate (or have a disparate impact) against older individuals.But, here’s the thing.Under the ADEA, an outside job applicant lacks standing to assert a disparate impact claim.Congress made it unlawful for an employer “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” (my emphasis).That’s disparate treatment. And that is in Section 4(a)(1) of the ADEA.Section 4(a)(2) of the ADEA deals with disparate impact. That section makes it unlawful for an employer “to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age.” (my emphasis).See the difference?The disparate impact section is limited to employees, as opposed to any individual.But wait! Go back up a few lines. The words “any individual” do appear in Section 4(a)(2). However, the Seventh Circuit concluded that “[t]his language plainly demonstrates that the requisite impact must befall an individual with ‘status as an employee.’”Just be careful.I’ve already read a couple of misleading headlines about this decision. For example, I’ve seen “Federal appeals court finds age discrimination protection does not extend to job applicants.” That’s not true. Neither in the Seventh Circuit nor anywhere else in the country can an employer intentionally discriminate against an outside job applicant because of his or her age. That’s disparate treatment.Even in the Seventh Circuit, I’d argue that Section 4(a)(2) protects an internal job applicant against disparate treatment.Plus, this decision only applies within the Seventh Circuit. Elsewhere, it depends. From a more practical standpoint, you need to consider whether capping years of experience is a good business practice. And, I’ve got another post about that.And I’ll leave you to discuss that issues amongst yourselves.Originally published on Employer Handbook blog.last_img read more