"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.
Contacts
Insights
Client Alert | 2 min read | 06.29.26
When Trade Secret Theft Becomes Racketeering: What the Fifth Circuit’s New Ruling Means
RICO was built for the mob. But Congress gave trade secret victims access to it in 2016, and a recent U.S. Court of Appeals for the Fifth Circuit decision shows that access is real.
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
Client Alert | 6 min read | 06.26.26
Client Alert | 4 min read | 06.25.26
Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity


