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Article: Can plaintiffs make disparate-impact claims in age discrimination cases?
- Article from:
- Trial
- Article date:
- May 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 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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An important issue in civil rights litigation is whether disparate-impact claims can be brought under the Age Discrimination in Employment Act (ADEA). (1) The federal courts of appeals are split on the question.
The U.S. Supreme Court was expected to resolve the conflict this term in Adams v. Florida Power Corp. (2) The Court granted review on the issue of whether proof of discriminatory impact is sufficient for plaintiffs suing for age discrimination. The case was fully briefed and was argued on March 20. However, on April 1, the Court dismissed the case, saying certiorari had been "improvidently granted." The Court offered no explanation for its action.