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Expert Analysis

ADEA Protections For Outside Applicants Still Up In The Air

By Jill Lashay and Curtis Schaffner ( February 11, 2019, 1:33 PM EST) -- On Jan. 23, 2019, the U.S. Court of Appeals for the Seventh Circuit held, in Kleber v. CareFusion Corp.,[1], that the federal Age Discrimination in Employment Act does not permit job applicants to bring disparate impact claims against prospective employers. The Seventh Circuit joined the U.S. Court of Appeals for the Eleventh Circuit, which came to the same conclusion in Villarreal v. R.J. Reynolds Tobacco Company.[2]...

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