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Article: Supreme Court Allows "Disparate Impact" Lawsuits but Severely Limits Plaintiffs' Ability to Succeed in Such Suits.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 8, 2005
CopyrightCOPYRIGHT 2005 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)
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In Smith v. City of Jackson, Mississippi, decided March 30, 2005, the U.S Supreme Court held that "disparate impact" lawsuits are viable under the Age Discrimination in Employment Act (ADEA) as they have long been for race, national origin and sex discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII). However, the court also made it much more difficult for plaintiffs to win disparate impact age discrimination claims in comparison to disparate impact sex, race or national origin claims.
A disparate impact case is one in which a plaintiff alleges that an employer's policy, practice or job requirement, which on its face does not mention a ...