Eversheds Sutherland 11th Circuit Business Blog
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Native American Tribes Cannot Be Sued Under the ADEA

Native American tribes enjoy sovereign immunity from suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634.  This was the holding of the Eleventh Circuit’s published opinion in Williams v. Poarch Band of Creek Indians, 2016 WL 6081345 (11th Cir. Oct. 18, 2016).  This case clarifies principles of statutory interpretation and reaffirms the “razor-thin”...

Eleventh Circuit Rules Against EEOC Finding Age Discrimination in Hiring Claims Cannot Be Based on Disparate Impact Theory

May a job applicant sue a prospective employer based on a policy that had an adverse and disproportionate effect on him because of his age? The Eleventh Circuit, in an en banc opinion published October 5, 2016, Villarreal v. R.J. Reynolds Tobacco Co., Pinstripe, Inc., 2016 WL 5800001, ruled that only employees may bring a disparate impact claim under the Age Discrimination in...