Article: Supreme Court Places Burden On Employers In Age Bias Disparate Impact Cases.

On June 19, 2008, the U.S. Supreme Court issued an important decision, making it easier for older workers to prove that they were subjected to age discrimination. Given the economic downturn, and the resulting uptick in layoffs, this age-bias ruling is likely to trigger an increase in age discrimination lawsuits, particularly where disproportionate numbers of employees age 40 or older lose their jobs in a reduction in force.

In Meacham et al. v. Knolls Atomic Power Laboratory et al., No. 06-1505, the United States Supreme Court held, in a 7-1 ruling, under the Age Discrimination in Employment Act (ADEA), that an employer defending a disparate impact ...

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