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

Questions Presented En Banc:
I.
Whether § 4(a)(2) of the Age Discrimination in Employment Act, 29 U.S.C. § 623(a)(2), permits applicants for employment to bring disparate-impact claims on the basis of an employer’s failure to hire the applicant.

II. Whether Mr. Villarreal sufficiently pleaded equitable tolling to survive a motion to dismiss.

RLC's Position:
The RLC submitted an amicus brief asking the Eleventh Circuit to affirm the trial court's holding that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not authorize disparate impact age discrimination claims on behalf of job applicants. Overturning the lower court's decision would imperil programs in which retailers participate to provide work experience that may otherwise not be available to recent graduates and underserved communities.

Case Outcome:
The Eleventh Circuit held that the ADEA does authorize impact claims by applicants for employment. The judgment below was reversed and remanded. The employer filed a petition for rehearing en banc, which was granted.

Procedural History & Case Documents: