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KLEBER v. CAREFUSION CORP.

No. 17-1206.

914 F.3d 480 (2019)

Dale E. KLEBER, Plaintiff-Appellant, v. CAREFUSION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 2019.

Attorney(s) appearing for the Case

Daniel B. Kohrman , William Alvarado Rivera , Dara Smith , Laurie A. McCann , Attorneys, AARP FOUNDATION LITIGATION, Washington, DC, Paul Strauss , Chicago, IL, for Plaintiff-Appellant.

David Lawrence Schenberg , Attorney, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., St. Louis, MO, Tobias E. Schlueter , Colleen Grace DeRosa , Attorneys, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Chicago, IL, for Defendant-Appellee.

Z. W. Julius Chen , Attorney, AKIN, GUMP, STRAUSS, HAUER & FELD LLP, Washington, DC, for Amicus Curiae CHAMBERS OF COMMERCE OF THE UNITED STATES OF AMERICA.

Before Wood, Chief Judge, and Bauer, Flaum, Easterbrook, Kanne, Rovner, Sykes, Hamilton, Barrett, Brennan, Scudder, and St. Eve, Circuit Judges.

After Dale Kleber unsuccessfully applied for a job at CareFusion Corporation, he sued for age discrimination on a theory of disparate impact liability. The district court dismissed his claim, concluding that § 4(a)(2) of the Age Discrimination in Employment Act did not authorize job applicants like Kleber to bring a...

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