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  • U.S. Supreme Court Concludes Disparate Impact Claims are Viable Under the ADEA ( June 2005 )

    In a watershed decision on March 30, 2005, the United States Supreme Court held an employer may be held liable for age discrimination based on a facially neutral employment policy that has a disproportionate effect, or "disparate impact," on older workers. In Smith v. City of Jackson, Mississippi, the Supreme Court resolved an issue of longstanding uncertainty among the lower courts, finding that disparate impact claims are cognizable under the Age Discrimination In Employment Act ("ADEA").
  • Supreme Court Expands Scope of Age Discrimination Law ( April 2005 )

    In a recent decision, the U.S. Supreme Court held that workers age 40 and over do not have to prove an intent to discriminate and may allege age discrimination under the ADEA under a "disparate impact" theory. The proof required for such an action, however, may be more favorable to employers than in other discrimination cases.
  • Employers May Discriminate in Favor of Their Most Senior Employees ( June 2004 )

    The US Supreme Court recently addressed to what extent an employer may discriminate against its younger workers in favor of its most senior employees.
  • Supreme Court: ADEA Does Not Allow Reverse Age Claims ( April 2004 )

    In an opinion issued February 24, 2004, the United States Supreme Court held that the Age Discrimination in Employment Act of 1967 ("ADEA") does not prevent an employer from favoring older employees over younger employees.
  • EEOC Clarifies Rules On Age Discrimination Waivers ( March 2001 )

    When employers decide to reduce the size of their workforces, or to terminate an employee who is over 40 years of age, they often offer severance pay in exchange for a release and waiver of legal claims by the terminated employees. In 1990, Congress passed the Older Workers Benefit Protection Act ("Older Workers Act"), which established procedural rules employers must follow in seeking such a waiver from employees who are over 40 years of age.
  • Employment Discrimination in Alabama ( November 2000 )

    Federal law prohibits employment discrimination because of race, color, national origin, legal alienage, sex, pregn.
  • The Art of Interviewing… Do's and Don'ts ( September 2000 )

    Interviewing and selecting candidates poses one of the more difficult challenges employers' face. A skillfully cond.

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