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Ruling May Increase Age Bias Suits
Federal courts most likely will see an increase in age discrimination cases with so-called disparate impact claims, but employers will be able defend themselves successfully in many of them as a result of a recent U.S. Supreme Court decision. The High Court on March 30 held that disparate impact claims — those that allege that a facially neutral policy adversely affects a protected class — can be brought under the federal Age Discrimination in Employment Act (ADEA). Smith v. City of Jackson, No. 03-1160.
The issue of whether the ADEA encompassed disparate impact claims had split the federal circuits badly since the justices suggested in a footnote in a 1993 decision that it was still an open question under the age law, unlike most civil rights laws. Hazen Paper Co. v. Biggins, 507 U.S. 604.
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Bit Parts
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Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.