• Third Circuit Decision Potentially Expands the Reach of the Age Discrimination in Employment Act
  • March 6, 2017 | Authors: Charles H. Kaplan; Galit Kierkut; A. Sonu Ray; David I. Rosen
  • Law Firms: Sills Cummis & Gross P.C. - New York Office; Sills Cummis & Gross P.C. - Newark Office
  • On January 10, 2017, the Third Circuit determined that a disparate impact age discrimination claim under the Age Discrimination in Employment Act (ADEA) may be brought by a subgroup of the protected class, creating a circuit split on the issue. In the decision, Karlo v. Pittsburgh Glass Works, No. 15-3435 (3d Cir., Jan. 10, 2017), the Third Circuit found a cognizable age discrimination claim brought by former Pittsburgh Glass Works employees who claimed that their employer’s reduction in force (RIF) disproportionately impacted employees age fifty and over in favor of those in their forties. Prior decisions had found such claims to be viable only when based on the entire protected group (age forty and over). However, the Third Circuit’s ruling now permits the so-called “subgroup” disparate impact claims under the ADEA.