United States: Did The New Cause Of Action For Job Applicants Under The ADA Get Axed?

In Matt Simpson's article, "Did the New Cause of Action for Job Applicants Under The ADA Get Axed?" featured in Corporate Counselor, Matt discusses Villarreal v. R.J. Reynolds Tobacco Co., 839 F.3d 958 (11th Cir. 2016).

The U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.

In the article, Matt examines the following topics:

• The Facts
• Section 4(A)(2) of the ADEA and Statutory Interpretation 
• To Toll or Not to Toll
• The Dissent

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.