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Supreme Court Holds That Disparate-Impact Claims Are Available Under The ADEA


by Bricker & Eckler LLP
February 14, 2006

Previously published on April 2005

In Smith v. City of Jackson, decided just days ago on March 30, 2005, the U.S. Supreme Court held that disparate-impact claims are cognizable under the Age Discrimination in Employment Act ("ADEA"). The ADEA prohibits employment discrimination against individuals 40 years of age or older based on age. Disparate-impact claims arise from an employment practice that, although facially neutral, has a discriminatory "impact" on a protected class.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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