A Game Of Numbers: ADEA Compliance And Litigation
- Topics:
- Regulatory issues
- Source:
- American Bar Association
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Overview: Age discrimination claims are on the rise, both in volume of cases filed and size of verdicts. This article discusses the viability of the disparate impact theory in cases alleging age discrimination, the use of statistical evidence in disparate treatment cases, and the practical cumulative effect of multiple claims of discrimination against the same employer in a single trial. Given the current economic landscape, widespread layoff announcements, and the aging boomer generation, that trend seems unlikely to abate anytime soon. Since disparate impact claims are usually based on statistical evidence, a ruling could also call into question the relevance of statistical analyses of the impact of employment decisions on employees in age discrimination cases. Regardless of the eventual outcome of the current circuit split on the viability of age discrimination claims brought under the disparate impact theory, employers should continue to monitor the statistical impact of employment decisions, such as RIFs, on workers of various ages.
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Format: PDF | Size: 139KB | Date: Jan 2003 | Pages: 18
