"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 | 15 min read | 03.06.26
The Month in International Trade – February 2026
Chambers Ranks Crowell & Moring International Trade Practice and Lawyers in 2026 Global Guide
Client Alert | 6 min read | 03.06.26
Tri-Agencies Release Fourth Mental Health Parity Report to Congress
Client Alert | 4 min read | 03.05.26
Client Alert | 8 min read | 03.05.26


