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Villarreal v. R.J. Reynolds Tobacco Company, (11th Cir. Nov. 30, 2015)

Articles Discussing Case:

eLABORate: 11th Circuit Opens ADEA Disparate Impact Claim to Job Applicants, Modifies Burden for Tolling of Statute of Limitations

Phelps Dunbar LLP • December 03, 2015
In Villarreal v. R.J. Reynolds Tobacco Company, (11th Cir. Nov. 30, 2015), the Eleventh Circuit, in a 2-1 decision, allowed a rejected applicant to proceed with a claim of disparate impact employment discrimination under the Age Discrimination in Employment Act (“ADEA”), 29 USC §623(a)(2). The court also modified the threshold for equitable tolling to revive the timeliness of the plaintiff’s claim despite a two-and-a-half year delay in filing the charge of discrimination. The decision on both issues marks a departure from previous case law and puts the Eleventh Circuit in conflict with several other Circuits.