Court Expands Purview of “Disparate Impact” Claims: An Extended Interview with David W. Garland

Employment Law This Week

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Employment Law This Week (December 14, 2015) has released bonus footage of its interview with David W. Garland, Member of the Firm and Chair of the National Labor and Employment Steering Committee at Epstein Becker Green.

As Mr. Garland discusses, the Eleventh Circuit has opened the door for “disparate impact” claims from applicants as well as employees. The court allowed an age bias claim to go forward against R.J. Reynolds Tobacco Company from an online job seeker who was rejected repeatedly for employment. Company guidelines allegedly directed hiring managers to target people who are “2-3 years out of college” and to “stay away from” applicants with “8–10 years” of experience. The plaintiff is arguing that these guidelines have a disparate impact on older workers and led the company to reject his application.

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