Equal Employment Opportunity Commission v. Insurance Company of North America

I.

The Equal Employment Opportunity Commission (“EEOC”) appeals the district court’s grant of summary judgment to defendant Insurance Company of ’ North America (ICNA) in this enforcement action brought on behalf of Richard Pugh under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1994). We reject the EEOC’s argument that ICNA’s refusal to interview or hire Pugh on the ground that he was overqualified for the position at issue functioned as age discrimination.

II.

In June 1988, ICNA placed an advertisement in a Phoenix newspaper for a “loss control representative”. The advertisement stated that the “ideal candidate” would have a B.S. degree or equivalent work experience, two years of property/casualty loss control experience, demonstrated verbal and written communication skills, the ability to travel, and would be a self-motivated professional. Pugh, who had over 30 years of experience in loss control and engineering, submitted a resume in response to the advertisement. Pugh was not selected for an interview. Instead, ICNA interviewed four candidates, all of whom were younger than Pugh and had little or no loss control experience. Eventually, ICNA…