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So we're finding that more subtle issues concerning benefits are coming to light. We're also seeing disparate impact as applied to the age act becoming a major issue.
How does a disparate-impact claim come up under the ADEA?
When companies go through major layoffs, they often try to eliminate people at higher pay levels...
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The employees who generally hold those positions are age 40 or older. So if these older workers get laid off disproportionately to younger workers, they may make a disparate-impact claim. The issue right now is, does the ADEA recognize a course of action under disparate impact? Last year, the Supreme Court agreed to review a circuit court case filed against Florida Power...
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