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Business
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| Number of pages / Number of words: |
6 / 1668 |
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v. Atonio, 490 U.S. 642, holding that narrowly construed the scope of liability on a disparate-impact theory. Because the relevant 1991 amendments expanded Title VII's coverage but did not amend the ADEA or speak to age discrimination, Wards Cove's pre-1991 interpretation of Title VII's identical language remains applicable to the ADEA...
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Congress' decision to limit the ADEA's coverage by including the RFOA provision is consistent with the fact that age, unlike Title VII's protected classifications, not uncommonly has relevance to an individual's capacity to engage in certain types of employment. In Smith the plaintiffs have done little more than point out that the pay plan is relatively less generous to older workers than to younger ones...
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