disparate impact age discrimination

• Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act

The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this final rule to amend its Age Discrimination in Employment Act (``ADEA'' or ``Act'') regulations concerning disparate-impact claims and the reasonable factors other than age defense (``RFOA''). The Commission published proposed rules in the Federal Register on March 31, 2008, and February 18, 2010, for sixty-day notice-and-comment periods. After consideration of the public comments, the Commission has revised portions of the proposed rules and is now issuing a final rule covering both proposals.

• Federal Register Nbr. 77 FR 19080, March 30, 2012
• Rules and Regulations
• Equal Employment Opportunity Commission

• Disparate Impact Under the Age Discrimination in Employment Act

• FR, March 31, 2008
• Proposed rules
• Equal Employment Opportunity Commission

• Frick v. Potash Corp. of Saskatchewan, Inc., (Ohio 2010)

Summary judgment was appropriate in Frick's disparate treatment age discrimination claim because he was not able to point to more than a scintilla of evidence that the appellees' reasons for not hiring him were a pretext for age discrimination. There was no evidence that Frick, age 55, would have been hired "but for" his age. Further, Frick failed to establish a prima facie case of disparate impact age discrimination. Judgment affirmed.

• Ohio Supreme Court

• The U.S. Supreme Court's 2004 Term: Disparate Impact Claims Under the Age Discrimination in Employment Act

Recognized experts in the field of labor and employment law discussed decisions of the US Supreme Court in the labor and employment arena. Older workers are no longer limited to proving that they were intentionally discriminated against on the basis of their age. In a suit brought by police officers alleging that the police department's revision of its pay plan adversely affected officers over the age 40, the Supreme Court ruled, in Smith v City of Jackson, that older workers may bring disparate impact claims under the Age Discrimination in Employment Act (ADEA). Employers should not need to make major changes in what they are doing, or should be doing, which is to review their policies and practices to check for adverse impacts on older workers, much the same as they have always done f...

• Labor Law Journal
• Vol. 56 Nbr. 4, December 2005

• Miller v. Potash Corp. of Saskatchewan, Inc., (Ohio 2010)

Summary judgment was appropriate in Miller's disparate treatment age discrimination claim because he was not able to point to more than a scintilla of evidence that the appellees' reasons for not hiring him were a pretext for age discrimination. There was no evidence that Miller, age 49, would have been hired "but for" his age. Further, Miller failed to establish a prima facie case of disparate impact age discrimination. Judgment affirmed.

• Ohio Supreme Court

• U.S. Supreme Court Age Discrimination Plaintiffs Can Sue for 'Disparate Impact'

Plaintiffs who claim that an employer's practices had a disparate impact on older workers can sue for age discrimination under the ADEA, the U.S. Supreme Court has ruled. However, the scope of disparate impact claims under the ADEA is narrower than under Title VII, the court said.

• Daily Record and the Kansas City Daily News-Press
• April 11, 2005

• Meacham v. Knolls Atomic Power Laboratory, 554 U.S. (2008)

... this suit asserting, inter alia, a disparate-impact claim under the Age Discrimination in Emplo...

• U.S. Supreme Court

• Age Discrimination

...Mass. 1994). AGE DISCRIMINATION: DISPARATE IMPACT. In 1967 Congress passed the Age Discrimina...

• West's Encyclopedia of American Law
• A–Ba

• Supreme Court Lowers Employees' Burden to Prove Age Discrimination, Allows Disparate Impact Claims.

Originally published June 2005 By Todd D. Steenson (Chicago) On March 30, 2004, the U.S. Supreme Court made it easier for employees over the age o...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• EEOC Clarifies 'Reasonable Factors Other Than Age' Defense Under The ADEA

...("EEOC") issued its "Final Regulation on Disparate Impact and Reasonable Factors Other Than Age" ("Ru...The Rule clarifies that the Age Discrimination in Employment Act of 1967 ("ADEA") prohibits polic...

• Mondaq Business Briefing
• United States Law Articles in English