"Can A Job Applicant File A Disparate Impact ADEA Claim? No—According to the Eleventh Circuit", 11 Oct 2016

Is there such a thing as a disparate impact age claim?  The Eleventh circuit last week says not for people applying for a job.  On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims under that theory for applicants.  Mr. Villarreal, the plaintiff, was an applicant for a manager position with R.J. Reynolds Tobacco.  The “targeted candidate” for the position was someone “2-3 years out of college.”  Mr. Villarreal was, instead, 49 years old.  He applied for the position several times and was rejected...Mr. Villerreal brought a collective action claiming that Reynolds engaged in a pattern or practice of discriminating against applicants over the age of 40.  That type of claim, one in which it is alleged that a policy or procedure of a company effects a certain group differently than others, is known as a disparate impact claim...The Court turned to the actual language of the disparate impact section of the statute and held that it only covered individuals who already had the status of “employee.”...For employers, this could reduce exposure for age claims supported only by allegations that a particular hiring policy adversely affects individuals over 40 years old...