Can Unintended Effects Lead to Age Discrimination Claims?
On March 30, the Supreme Court for the first time legitimized claims for unintentional discrimination on the basis of age under Federal law. In Smith v. City of Jackson Mississippi, the city implemented a pay plan intended to raise workers’ pay up to the regional average for their position, by raising pay rates of all workers, but particularly newer employees with less than five years with the city. Many city workers over 40 years old had been with the city for more than five years, and claimed that their raises were not enough – and were discriminatory under the Age Discrimination in Employment Act. The Supreme Court held that even where an employer’s motives were innocent, the employee may have a claim if the employment practice adversely affected older workers disproportionately. In previous cases, the Supreme Court had hinted that this “disparate impact” theory would not fly under the federal Age Discrimination in Employment Act. As a result, plaintiffs have not often attempted to
