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Article: Supreme Court Gives Okay to Disparate Impact Claims under the ADEA.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 6, 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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Originally published April 4, 2005
On March 30, 2005, the United States Supreme Court resolved a split among the federal appellate courts over whether the federal Age Discrimination in Employment Act (ADEA) allowed workers age 40 and over to bring discrimination claims by showing that a facially neutral policy or practice had a disproportionate adverse impact on older workers (a "disparate impact" claim), without any evidence of discriminatory intent. In an earlier decision, the Supreme Court held that disparate impact claims were available under Title VII, but before this year it had not addressed whether such claims were available under the ADEA. In Smith v. ...