U.S. Court of Appeals for the Eighth Circuit

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Case Updates

Eighth Circuit addresses ADEA disparate impact claims for rehired employees

June 10, 2008

The Eighth Circuit disagreed with NCLC and upheld the lower court's ruling.

U.S. Chamber files amicus brief

May 24, 2007

NCLC urged the Eighth Circuit to overturn a district court decision holding that Allstate’s rehire policy after a reduction in force of its sales representatives had a disparate impact on the rehiring of older workers in violation of the Age Discrimination in Employment Act (ADEA). NCLC argued that the district court erroneously mischaracterized the case as one involving termination, rather than hiring, and wrongfully extended the disparate impact theory under the ADEA. Expanding the ADEA to recognizing disparate impact hiring claims would require employers to create a new practice of collecting age data on applicants and could expose them to substantial litigation risk.

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