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Article: Age discrimination claims get a boost from the court.
- Article from:
- Trial
- Article date:
- July 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). 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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This is a crucial question in all areas of employment discrimination: Must a plaintiff prove discriminatory intent, or is proof of disparate impact enough? In reality, many civil rights plaintiffs can show that an employer's action has a discriminatory effect against a particular group, but not that the employer intentionally discriminated. Requiring proof that there was an impermissible purpose--that is, discriminatory intent--is often an insurmountable obstacle, but allowing proof of disparate impact can clear the way for claims that otherwise would be barred.
The Supreme Court has held that constitutional claims for violations of equal protection, even for ...