Kleber v. Carefusion

Issue: Employment
Court: U.S. Court of Appeals for the Seventh Circuit

RLC's Position​:
The Retail Litigation Center filed an amicus brief in support of CareFusion’s petition for rehearing en banc. The RLC’s brief urges the court to grant the petition and explains that Congress did not intend for the Age Discrimination in Employment Act to apply to job applicants. Additionally, the Seventh Circuit’s interpretation would expose employers to greater liability for utilizing beneficial recruitment practices, (such as college campus and veterans recruiting programs), to the detriment of employers, new entrants to the workforce, and underserved communities. 

Case Outcome: 
The court granted the petition for rehearing en banc.

Procedural History & Case Documents

• Petition granted, June 2018

Please use the DOWNLOAD button below to access the RLC's Brief.