Two Courts Hold Disparate Impact Claims Under the ADEA Limited to Employees Not Applicants

The U.S. Court of Appeals for the Seventh Circuit joined the Eleventh Circuit in denying job applicants a disparate impact claim under the ADEA. The case centers around Dale Kleber, a 58-year-old attorney, who applied for an in-house counsel position with CareFusions Corporation. Although the job description required “3 to 7 years (no more than seven years) of relevant legal experience” and Kleber held more than 7 years experience, he applied for the job. A younger candidate whose experience met the requirements was hired instead. Kleber filed a disparate impact violation suit. Find out why the Seventh and Eleventh Circuit Courts of Appeal believe this section of the ADEA does not apply to applicants here.