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Villarreal v. RJ Reynolds Tobacco Company (11th Cir. 2016)

Articles Discussing Case:

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Ogletree Deakins • November 10, 2016
Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act (ADEA). In Villarreal v. R.J. Reynolds Tobacco Company (October 5, 2016), the court concluded that “the whole text of the Act makes clear that an applicant for employment cannot sue an employer for disparate impact because the applicant has no ‘status as an employee.’”

Job Applicants May Not Bring ADEA Disparate-Impact Claims, 11th Circuit Finds

XpertHR • October 17, 2016
In a first-of-its-kind ruling, the 11th Circuit Court of Appeals has held in Villarreal v. RJ Reynolds Tobacco Company that the disparate-impact provision in the Age Discrimination in Employment Act (ADEA) only covers discrimination against employees, not job applicants.