The United States Supreme Court recently rejected an appeal seeking review of a ruling that job applicants cannot bring disparate impact claims under the Age Discrimination in Employment Act of 1967 (ADEA).
In Villarreal v. R.J. Reynolds Tobacco Company, et al., Mr. Villarreal, a 49 year old man, applied for a position with R.J. Reynolds. A contractor vetted Mr. Villarreal’s application using the guidelines provided by the employer, which described the “target candidate” as an individual “2-3 years out of college.” The guidelines also instructed the contractor to “stay away from” individuals “in sales for 8-10 years.” Mr. Villarreal was not selected and, over two years later, he filed a charge with the EEOC. Mr. Villarreal then brought a collective action against the employer on behalf of all applicants who applied for the same position since the date the employer began its alleged “pattern or practice of discriminating against applicants over the age of 40.”
The case proceeded to the U.S. Court of Appeals for the Eleventh Circuit, where the parties agreed that Mr. Villarreal, as an applicant for employment, can sue for disparate treatment because the ADEA prohibits an employer from failing or refusing to hire a person due to his or her age. The issue for the Eleventh Circuit, therefore, was whether the ADEA “allows an unsuccessful job applicant to sue an employer for using a practice that has a disparate impact on older workers.”
Ultimately, the Eleventh Circuit held that job applicants cannot make a disparate impact claim under Section 4(a)(2) of the ADEA because the text protects only employees, not applicants. It was noted, however, that applicants are not without recourse, as they can sue for disparate treatment under Section 4(a)(1) of the ADEA. For more information, or guidance on hiring procedures, contact an FHKAD attorney at (614) 221-1216.