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17-1206 - Dale Kleber v. CareFusion Corporation

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17-1206 - Dale Kleber v. CareFusion Corporation
April 26, 2018
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Filed opinion of the court by Judge Hamilton. The judgment of the district court is REVERSED and the case is REMANDED to the district court for further proceedings consistent with this opinion. Because this opinion could be seen as creating a conflict among the circuits, despite Smith, 544 U.S. at 237 n.8 (citing with approval earlier circuit cases allowing disparate impact claims by job applicants), it was circulated before release to all judges in active service under Circuit Rule 40(e). A majority of judges in active service did not favor rehearing en banc. Judges Flaum, Kanne, Sykes, and Barrett voted in favor of rehearing en banc. William J. Bauer, Circuit Judge, dissenting, David F. Hamilton, Circuit Judge and Sara Darrow, District Court Judge. [6920771-1] [6920771] [17-1206]