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.
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). <i>Smith v. City of Jackson<i>, No. 03-1160.
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