11-12-2026
The EEOC sued Yale New Haven Hospital (Yale) on behalf of doctors aged 70+ for discrimination under the ADEA and the ADA.
The primary dispute comes from Yale’s Late Career Practitioner Policy. That policy requires doctors over 70 who want to obtain or renew their hospital privileges, which are essential to their ability to treat patients, to undergo “ophthalmic and neuropsychological testing” first. Doctors over 70 must undergo testing every two years. If the tests reveal signs of impairment, more testing may be required, and after further review, Yale’s medical staff will determine whether to allow privileges.
Both parties moved for summary judgment, and the Connecticut district court denied both motions. The ADEA allows age-based employment decisions where an employer can show age is a “bona fide occupational qualification reasonably necessary” for safety-related job qualifications. The ADA precludes employee medical exams unless they are “job-related” and “consistent with business necessity.” Yale argued that it was “impossible or highly impractical” to assess older employees on an individual basis.
The parties agreed that the single greatest indicator of cognitive decline is age and that it can be difficult to detect. The parties disagreed over whether the required examinations were “vital” to ensuring patient safety and whether they were overly broad and not sufficiently tailored to meet a business necessity. The district court concluded that whether Yale's 70-year age threshold served as a legitimate proxy for safety-related job qualifications presented a genuine issue of material fact, including questions regarding its purpose, its function, its implementation, its efficacy, and its impact. The case will proceed to trial.