b&e Newsletter: Supreme Court Authorizes Disproportionate Impact Model of Proof in Age Discrimination Lawsuits

In Smith v. Jackson, Mississippi, decided on March 30, 2005, the United States Supreme Court ruled that plaintiffs may use the disproportionate (or “disparate”) impact theory of proof in cases arising under the Age Discrimination in Employment Act (“ADEA”). The Supreme Court’s decision has resolved a split in the Circuit Courts of Appeal, resulting in a more favorable model of proof for plaintiffs in ADEA cases…

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