Bulletin Item: U.S. Supreme Court Takes On Age-Bias Case

The U.S. Supreme Court will decide whether age-neutral policies violate the Age Discrimination in Employment Act (ADEA) if they adversely impact older workers. The federal appeal courts are split as to whether “disparate impact” claims—which allege that a neutral policy or practice had an adverse, although unintentional, impact on a protected group—are permitted under the ADEA, or whether the aggrieved employee must show the employer intended to discriminate.