|
|
Article: Fifth Circuit Rejects Age-Based Disparate Impact Claims.(age discrimination)
- Article from:
- Mondaq Business Briefing
- Article date:
- December 12, 2003
CopyrightCOPYRIGHT 2003 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
The U.S. Court of Appeals for the Fifth Circuit ruled on November 13, 2003, in Smith v. City of Jackson, Miss., that the disparate impact theory of discrimination is not available under the federal Age Discrimination in Employment Act (ADEA). This ruling is also applicable to age claims under the Texas Commission on Human Rights Act (TCHRA), which specifically provides that interpretations of the ADEA apply on this point. Because of a dissenting opinion by Judge Carl Stewart, it is possible that the case could be reviewed by the court en banc.
The disparate impact theory, which is still applicable to claims of sex, race or other discrimination under Title VII or ...