News & Analysis as of August 2, 2025

Disparate Impact

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

Husch Blackwell LLP on 7/30/2025

In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

Fisher Phillips on 5/21/2025

A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

Tucker Arensberg, P.C. on 7/6/2022

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

Vinson & Elkins LLP on 11/10/2021

If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Connecticut Limits Inquiries into Prospective Employees’ Ages

Littler on 7/29/2021

On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut’s Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees “on an...more

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on 7/24/2020

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

Troutman Pepper Locke on 2/6/2020

Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

Age Discrimination Claims Limited for Job Applicants

Akerman LLP - HR Defense on 3/26/2019

A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more

7th Circuit: Job Applicants Cannot Bring ADEA Disparate Impact Claims

Polsinelli on 2/12/2019

On January 23, 2019, the U.S. 7th Circuit Court of Appeals handed employers a welcome ruling and held that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not protect outside job applicants from disparate...more

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on 2/7/2019

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. ...more

Older Job Applicant Loses Age Discrimination Claim Based on Job Posting Mandating “No More than 7 Years” of Experience

Lowndes on 2/7/2019

The United States Court of Appeals for the Seventh Circuit recently issued a key opinion interpreting the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against people aged 40 and older....more

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

Husch Blackwell LLP on 2/6/2019

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...more

7th Circuit Rejects Applicant’s Age Bias Theory

McGuireWoods LLP on 1/31/2019

Employers can breathe a collective sigh of relief in light of the recent en banc holding of the 7th U.S. Circuit Court of Appeals in Kleber v. CareFusion Corporation. In Kleber, the full 7th Circuit vacated a 2018 panel...more

Applicants Not Protected by ADEA’s Disparate Impact Theory, According to 7th Circuit

Hinshaw & Culbertson LLP on 1/30/2019

In a split decision, the Seventh Circuit Court of Appeals held en banc that the Age Discrimination in Employment Act's (ADEA) protections against disparate impact age discrimination do not extend to applicants. Rather, they...more

Deep Impact – 7th Circuit Holds that Disparate Impact Claims for Job Applicants Not Covered by ADEA

Bradley Arant Boult Cummings LLP on 1/29/2019

You might have seen all the buzz about the Seventh Circuit’s recent decision in Kleber v. CareFusion Corporation holding that job applicants were not covered by the Age Discrimination in Employment Act (ADEA). Does that mean...more

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

Littler on 1/28/2019

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination....more

No "Disparate Impact" Claim For Older Applicants, Court Says

Constangy, Brooks, Smith & Prophete, LLP on 1/25/2019

Another chapter in a continuing saga. I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who...more

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2018

Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...more

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

Hogan Lovells on 5/15/2018

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Revival Of Age Discrimination Lawsuit A Warning To Employers

Amundsen Davis LLC on 5/9/2018

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

Seventh Circuit Says Applicant Can Bring ADEA Disparate Impact Claim

Parker Poe Adams & Bernstein LLP on 5/7/2018

Disparate impact discrimination claims involve allegations of bias based not on intentional conduct, but rather otherwise neutral policies that have a statistically significant negative result with respect to persons in a...more

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

Constangy, Brooks, Smith & Prophete, LLP on 5/4/2018

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

Recruiting for youthful workforce leads to age discrimination lawsuits

McAfee & Taft on 5/1/2017

Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young...more

U.S. District Court for the Eastern District of California Holds that Job Applicants May Bring Disparate Impact Claims under ADEA

Amundsen Davis LLC on 2/25/2017

On February 17, 2017, the United States District Court for the Eastern District of California held that job applicants could proceed with their disparate impact claim brought under the Age Discrimination in Employment Act...more

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Hiring & Firing › Age Discrimination › Disparate Impact

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