Daily Labor Report®

R.J. Reynolds Applicant Can’t Sue for Age Bias

Oct. 5, 2016, 11:33 PM

A 49-year-old online job seeker repeatedly rejected for work by R.J. Reynolds Tobacco Co. can’t pursue proposed class claims that the company uses “resume review guidelines” that screen out older workers, a sharply divided U.S. Court of Appeals for the Eleventh Circuit ruled (Villarreal v. R.J. Reynolds Tobacco Co., 2016 BL 332711, 11th Cir. en banc, No. 15-10602, 10/5/16).

The decision in the closely watched case indirectly rejects the Equal Employment Opportunity Commission’s view that job applicants can sue under the Age Discrimination in Employment Act to recover for unintended discriminatory consequences of an otherwise neutral employment policy....

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