April 03, 2026
Guardians of the Galaxy, Age Discrimination and What NOT to Say to an Applicant
I recently watched Guardians of the Galaxy Vol. 3 (again). I recall the scene in which Kraglin tells Cosmo the Space Dog (who can, of course, talk and speak English) that she was a “bad dog.” Cosmo is saddened and angered. She and other team members bring the issue up several times throughout the movie, including at the end when all finally agree she is a “good dog” after all. That was a happy ending. The next story does not end so well.
As the EEOC tells the story, a manager sent an email to the HR team that the candidate he interviewed was a “good guy but he is too old…explore diverse candidates as we spoke yesterday.” The company reportedly categorized candidates as “diverse” if they are non-Indian, female, or both.
The HR Recruiter told the District General Manager that she had other potential candidates for the position but had not submitted them because of their national origin (also Indian).
This applicant was a 61-year-old male of Indian descent. The company hired a non-Indian candidate who was five years younger than the Plaintiff. The Company settled to tune of $495K. Ouch!
Lessons Learned. Good intentions (to recruit a diverse workforce) do not excuse unlawful discrimination. With rare exceptions, employment decisions should not be based on a legally protected status. If you are an HR practitioner and a manager is instructing you to do otherwise, explain why you disagree and the risk the manager may be creating. If you cannot reach agreement, agree to disagree, and respectfully elevate your concern through your chain of command or to your company’s employment counsel.
