Bartenders can’t challenge an Atlantic City casino’s job posting requiring mechanical bull-riding as age discrimination because they never applied for the positions, New Jersey’s appeals court said Thursday.
Bally’s Atlantic City Casino “did not have the opportunity to discriminate by rejecting plaintiffs based on their age,” the New Jersey Superior Court Appellate Division said in an unpublished per curiam order backing a lower court’s dismissal of the 18 bartenders’ claims.
The workers claimed the casino’s posting of new “bartender entertainer” positions at a Boardwalk Saloon bar amounted to a pretextual effort to exclude older applicants ...