In Beebe v. New York Times, 09-cv-1090, New York Eastern District Judge Weinstein dismissed an age discrimination claim against the New York Times by two workers who were denied a promotion, allegedly bades upon their age. The main problem with their case, however, was that they never applied for the promotion.

Judge Weinstein noted that required element of discrimination against an employer. One element is that the plaintiff applied for the job. In the case, neither employee applied for the promotion, even though each saw the job announcement. Therefore, the complaint for discrimination was dismissed.

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