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"Disparate Impact" Theory Available In Age Discrimination Cases

Client Alert | less than 1 min read | 04.07.05

Resolving a split in the circuit courts, a divided Supreme Court in Smith v. City of Jackson, (Mar. 30, 2005) held that the "disparate impact" theory of liability, which does not require a showing of discriminatory intent, applies to claims asserted under the Age Discrimination in Employment Act (ADEA). However, the Court noted that "the scope of disparate-impact liability under ADEA is narrower" than under Title VII of the Civil Rights Act of 1964, due to statutory language in ADEA that permits employers to take "otherwise prohibited" employment action where the "differentiation is based on reasonable factors other than age," such as seniority or rank.

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Client Alert | 4 min read | 09.20.24

Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation

The U.S. Department of Commerce unveiled a groundbreaking analytic risk assessment tool to inform the U.S. government’s efforts in mitigating supply chain risks. Launched at the inaugural Supply Chain Summit hosted by the Department of Commerce and the Council on Foreign Relations on September 10, 2024, the SCALE Tool marks a significant milestone in the U.S. government’s broader commitment to strengthening the U.S. supply chain ecosystem. ...