7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act

The 7th Circuit Court of Appeals, sitting en banc, ruled 8 to 4 that job applicants do not have legal standing to bring claims for unintentional age discrimination under the Age Discrimination Employment Act (ADEA). In Kleber v. Care Fusion Corporation, decided on January 23, 2019, the Court of Appeals ruled that disparate impact claims are not permitted by the ADEA in the job application/hiring process. The Court relied heavily on Section 4(a) (2) of the ADEA. This section of the ADEA makes it illegal for an employer to limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect employee status, because of an individual’s age. The Seventh Circuit held this language makes it clear that the protection exists for existing employees only, not applicants. The Court reasoned that an applicant has no status as an employee under the common meaning of the term “employee.” In reaching its decision, the Seventh Circuit also reviewed Section 4(a) (1) of the ADEA. This section prohibits disparate treatment and indicates that it is illegal for an employer to fail or refuse to hire individuals because of their age. Thus, the Seventh Circuit makes clear that an employer cannot intentionally refuse to hire people because of their age. However, the Court rejected the argument that the ADEA covers challenges to facially neutral policies or criteria that happen to disproportionately affect the protected group.

It is entirely possible that the Kleber decision will make its way to the Supreme Court. The Seventh Circuit is the first Court to rule that there is no disparate impact claim for applicants based upon age. Also, it is important to note that the long-standing practice across the country under the ADEA is to avoid age discrimination whether by formal policy (intentional) or by facially neutral policies that adversely impact individuals based upon age (disparate impact). Avoiding both types of potential discrimination claims remains the best practice throughout the country. However, for the time being, at least it will be the rule in the Seventh Circuit (Illinois, Indiana, Wisconsin) that a disparate impact claim based upon age in the hiring process will not be a viable claim.

For more information contact a member of Barrett McNagny's employment group. 

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
Hello,
My name is
 
and I am a(n)
seeking legal counsel in the area of 
.
Please
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.
YesNo