Supreme Court Rules Disparate Impact Theory Applicable to ADEA Claims
by Robert K. Sholl, Reinhart, Boerner, Van Deuren, S.C.

The United States Supreme Court recently held that the disparate impact theory of recovery, which generally refers to claims for "unintentional discrimination," applies to cases brought under the Age Discrimination in Employment Act ("ADEA").  The holding represents a departure from the previous approach of the majority of jurisdictions, which generally held that disparate impact claims are only available for claims of race, gender, national origin or religious discrimination under Title VII.  While the holding exposes employers to increased litigation under th ADEA, the scope of the exposure appears to be narrow.

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