Issue: Employment
Court: U.S. Court of Appeals for the Eleventh Circuit

Question Presented En Banc:
Whether the text, history, and purpose of §4(a)(2) of the Age Discrimination in Employment Act, 29 U.S.C. §623(a)(2), make it clear that Congress intended to permit challenges to hiring criteria whose effect is to deny employment to individuals 40 or older because of their age.

RLC's Position:
The Eleventh Circuit recently granted the employer’s petition for rehearing en banc after an earlier panel ruled that the Age Discrimination in Employment Act (ADEA) authorizes job applicants to bring disparate-impact claims. The RLC filed an amicus brief in support of the employer rehearing request.  The brief highlighted the negative impact that the court’s decision, if left unchanged, would have on programs that employers regularly use, such as college job fairs and veterans recruiting programs, to provide work experience to students, veterans, and other underserved communities.

Case Outcome:
The en banc panel that concluded under the Age Discrimination in Employment Act, a job applicant cannot sue an employer for disparate impact because the applicant is not an employee. 

Procedural History & Case Documents: