Thursday, March 31, 2005

Warning: You can be sued for unintentional age bias

Court: Workers can sue for unintentional age bias

If your work practices ultimately have a negative effect on employees over the age of 40, you are in danger of being sued.

From SHRM Online...

The U.S. Supreme Court ruled March 30 that the disparate impact theory of liability is available to employees suing under the 1967 Age Discrimination in Employment Act (ADEA), but the scope of employer liability on that basis is narrower than under Title VII.

The disparate impact theory allows plaintiffs to challenge an employer’s neutral practices that have a disproportionately negative impact on persons over the age of 40, so workers will be able to sue in some cases over employer actions that result in unintentional discrimination.

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