No. 18-1346

Dale E. Kleber v. CareFusion Corporation

Lower Court: Seventh Circuit
Docketed: 2019-04-26
Status: Denied
Type: Paid
Tags: age-discrimination circuit-split disparate-impact employment-law griggs-doctrine griggs-precedent griggs-v-duke-power hiring-practices job-applicants national-economy smith-v-city-of-jackson statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration SocialSecurity ERISA EmploymentDiscrimina
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the text of section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) protect outside job applicants, or does it apply only to incumbent employees applying for transfers and promotions?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the text of section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) protect outside job applicants, as this Court held when interpreting language identical to section 4(a)(2) in Griggs v. Duke Power Company, 401 U.S. 424 (1971), or does section 4(a)(2) unambiguously apply only to incumbent employees applying for transfers and promotions, as the majority of a divided en banc Seventh Circuit held below? ii PARTIES The

Docket Entries

2019-10-07
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Reply of petitioner Dale E. Kleber filed. (Distributed)
2019-06-27
Brief of respondent CareFusion Corporation in opposition filed.
2019-05-06
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2019.
2019-05-02
Motion to extend the time to file a response from May 28, 2019 to June 27, 2019, submitted to The Clerk.
2019-04-23
Petition for a writ of certiorari filed. (Response due May 28, 2019)

Attorneys

CareFusion Corporation
David Lawrence SchenbergOgletree, Deakins, Nash, Smoak & Stewart, PC, Respondent
David Lawrence SchenbergOgletree, Deakins, Nash, Smoak & Stewart, PC, Respondent
Dale E. Kleber
Laurie A. McCannAARP Foundation Litigation, Petitioner
Laurie A. McCannAARP Foundation Litigation, Petitioner