Split En Banc 11th Circuit Bars Applicant From Suing For Disparate Impact
Mealey's (October 10, 2016, 9:17 AM EDT) -- ATLANTA — A job applicant who claims that he was unsuccessful in attaining employment due to the employer’s refusal to hire individuals based on age may sue for disparate treatment but not disparate impact, a split en banc 11th Circuit U.S. Court of Appeals ruled Oct. 5 (Richard M. Villarreal, et al. v. R.J. Reynolds Tobacco Company, et al., No. 15-10602, 11th Cir.; 2016 U.S. App. LEXIS 18074).
(Opinion available. Document #73-161014-019Z.)
“We conclude that the whole text of the [Age Discrimination in Employment] Act [ADEA]...