I thought readers might be interested in the three questions presented in the Villarreal cert petition.
- Whether §4(a)(2) of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §623(a)(2), permits challenges to hiring criteria that disproportionately disadvantage prospective employees in the protected age group, or whether §4(a)(2) permits claims only by an employer’s existing employees.
- Whether courts should defer, under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), or Auer v. Robbins, 519 U.S. 452 (1997), to the United States Equal Employment Opportunity Commission’s regulation interpreting §4(a)(2) as permitting challenges to “[a]ny employment practice that adversely affects individuals within the protected age group on the basis of older age,” including challenges brought by prospective employees.
- Whether, as a matter of law, an employment discrimination plaintiff alleging that his EEOC charge-filing deadline was equitably tolled must plead that he pursued an investigation into the status of his job application, as the Eleventh Circuit held, even where the complaint plausibly alleges that a reasonable individual in the plaintiff’s position would not have pursued such an investigation and that such an investigation would not have put the plaintiff on notice of a potential claim or generated additional relevant information regarding the potential claim.