Tuesday, May 24, 2005
On March 30, 2005, the U.S. Supreme Court decided for the first time that employees can make claims for adverse impact discrimination under the Age Discrimination in Employment Act (“ADEA”). Prior to this decision, federal courts had been split on the issue of whether employees could bring such claims. After the Supreme Court’s decision, there can be no question but that such claims are allowed. This decision will almost certainly lead to a rise in ADEA claims in the near future. Accordingly, employers must be alert to this recent case to avoid new ADEA pitfalls.