Posted January 25, 2019 with Tags Mark Girouard, Villareal v. R.J. Tobacco Co., Age Bias Disparate Impact Theory, Age Discrimination in Employment Act, ADEA, ADEA claims
Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants
The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v. CareFusion Corporation, the court agreed with recent rulings by other courts – most recently the 11th Circuit Court of Appeals in Villareal v. R.J. Tobacco Co. – holding that under the federal Age Discrimination in Employment Act (ADEA), only employees can state a claim that a company’s actions or policies resulted in an unlawful “disparate impact” due to age.