NT Lakis lawyers have filed a friend-of-the-court brief with the full U.S. Court of Appeals for the Eleventh Circuit urging the court to reverse a problematic three-judge panel ruling which concluded that job applicants, and not simply current and former employees, can bring a claim for disparate impact discrimination under the Age Discrimination in Employment Act (ADEA).

Our brief in Villarreal v. RJ Reynolds Tobacco Company contends that the panel erroneously construed the ADEA to authorize disparate impact hiring claims, contrary to the statute’s plain text and established U.S. Supreme Court precedent. We also contend that the panel erred in permitting a clearly untimely claim to go forward based on nothing more than the plaintiff’s contention that he had no reason to suspect possible discrimination until he was contacted by a plaintiff’s attorney months after the time to file his claim had expired.

A copy of the brief is available here.