Wednesday, October 19, 2016

11th Circuit Holds Job Applicants Cannot Sue For Age Discrimination Under the ADEA

In a decision that has sent shockwaves to plaintiff's attorneys in the 11th Circuit and beyond, a recent decision by the Court of Appeals for the Eleventh Circuit has held that job applicants cannot sue for disparate impact under the Age Discrimination in Employment Act ("ADEA") based upon a plain reading of the text.  The decision itself is 76 pages and went deep into the tenets of statutory construction and is beyond the scope of a blog article.  However, Harvard University law professor Noah Feldman wrote about the decision in a Bloomberg article headlined, “Subtle Age Discrimination Gets a Court’s Blessing” and sums up the decision and its effect very well.

The 11th Circuit covers Alabama, Florida and Georgia, not Wisconsin as we reside in the 7th Circuit.

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