Disparate Impact and the ADEA

In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).

12 minute read February 28, 2012 at 11:44 AM
By
Gary S. Kessler And Philip G. McNicholas
Disparate Impact and the ADEA

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.

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