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Article: RIGHT WITHOUT A REMEDY?: SUPREME COURT ALLOWS DISPARATE IMPACT CLAIMS UNDER THE ADEA
- Article from:
- Labor Law Journal
- Article date:
- October 1, 2005
- Author:
CopyrightCopyright CCH Incorporated: Health & Human Resources Fall 2005. Provided by ProQuest LLC. (Hide copyright information)
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In Smith v. City of Jackson,1 decided in March, 2005, the Supreme Court held 5-3 that disparate impact claims may proceed under the Age Discrimination in Employment Act of 1967 (ADEA), which protects employees and job applicants aged 40 and over from age-based discrimination.2 Whereas disparate treatment claims assert that an employer intentionally discriminated against an individual because of his age, disparate impact claims allege that a facially neutral policy is illegal because it has a harsher impact on older workers. Under this theory, proof of intent to discriminate is not needed.3
Advocates of heightened legal protection for over-40 workers heartily cheered the announcement of ...