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The Disparate Impact of Hiring Practices

By Matthew R. Simpson
February 29, 2016

In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the Equal Employment Opportunity Commission (EEOC) and held that job applicants may bring “disparate impact” claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. In Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th 2015), the court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.

This ruling marks a departure from the statutory language of the Age Discrimination in Employment Act (ADEA) as well as Supreme Court dicta interpreting the Act. Most importantly, the decision reflects courts' newfound willingness to defer to agency interpretation at a time when the federal government continues to advance expansive theories of employment law.

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