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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.
A Pyrrhic Victory?
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Major Differences In UK, U.S. Copyright Laws
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