|
|
Article: Supreme Court Rules That Older Workers May Bring Age Discrimination Claims Under Disparate Impact Theory.
- Article from:
- Mondaq Business Briefing
- Article date:
- May 4, 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)
|
Originally published April 28, 2005
The U.S. Supreme Court recently held that employees protected by the Age Discrimination in Employment Act (ADEA) can sue their employer for age discrimination if a practice, policy or employment criterion has a disproportionate adverse impact on older workers, even if the employer did not adopt the practice or policy with an intent to discriminate. At first glance, the Court's decision in Smith v. City of Jackson appears to make it easier for older workers to sue over employer actions affecting many employees, such as reductions in force or compensation plans. However, the Court's decision actually establishes a stringent ...