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Are college job fairs and recruiting doomed as discriminatory activities? In February, a District Court in California ruled that job applicants could maintain a disparate impact claim under the Age Discrimination in Employment Act (ADEA) challenging the practice of recruiting entry-level workers mostly through a program available only to recent college graduates. But last October, the Eleventh Circuit affirmed en banc the dismissal of a case brought by an over-40 job seeker who alleged that the company engaged in age discrimination by using screening guidelines describing the “targeted candidate” as someone “2-3 years out of college” who “adjusts easily to changes,” and suggesting to avoid “applicants in sales for 8-10 years.” The two cases are Rabin v. PricewaterhouseCoopers LLP, --- F.Supp.3d ----, 2017 WL 661354 (N.D.Cal., 2017) and Villarreal v. R.J. Reynolds Tobacco, 839 F.3d 958 (11th Cir. 2016) Petition for Certiorari Filed (NO. 16-971), Feb 02, 2017.
Eric S. Dreiband, a partner in the Washington office of Jones Day and former General Counsel of the Equal Employment Opportunity Commission, shared his thoughts on these cases and took listener questions.
- Eric S. Dreiband, Partner, Jones Day