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Disparate Impact and the ADEA

By Gary S. Kessler and Philip G. McNicholas
February 28, 2012

In the U.S., employees and candidates for employment may only be evaluated for employment decisions (e.g., hirings, firings, promotions) based on their ability to perform job-related duties. Congress has prohibited employers from considering immutable factors like race, gender, and age while making employment decisions.

Most Americans know that intentional employment discrimination creates liability for an employer. This accountability is maintained through proceedings known as “disparate treatment” claims in which an employee charges an employer with discrimination and then has to prove that the employer overtly discriminated.

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