Eleventh Circuit Rules Against EEOC Finding Age Discrimination in Hiring Claims Cannot Be Based on Disparate Impact Theory
Posted on Oct 11, 2016 in Employment Law and Employee Benefits | Comments Off on 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...
Ask Not for Whom the Securities Exchange Act’s Statute of Repose Tolls; It Doesn’t.
Posted on Aug 11, 2016 in Class Actions, Securities | Comments Off on Ask Not for Whom the Securities Exchange Act’s Statute of Repose Tolls; It Doesn’t.
Is a statute of repose subject to tolling? Although its holding was limited to the applicability of American Pipe tolling, created by the commencement of a class action, to the five-year statute of repose under Section 20(a) of the Securities Exchange Act of 1934, the Eleventh Circuit discussed the issue in broad terms in its August 10 opinion in Dusek v. JPMorgan Chase & Co., 832...