Disparate Impact or Negative Impact?
: The Future of Non-Intentional Discrimination Claims Brought by the Elderly The Elder Law Journal; Vol. 13; 2005. Journal article (scholarship) This article considers a recent Supreme Court decision (Smith v. City of Jackson, Mississippi) interpreting the Age Discrimination in Employment Act (ADEA) in such a manner that ostensibly expands the theories available to plaintiffs but actually, the author argues, will have a negative impact upon elder litigants. Among other issues, the decision limits liability judgment. The author concedes that the ruling may have a positive impact for older employees as it may induce employers to reconsider existing termination and other policies. A historical review of the disparate impact theory of discrimination under the ADEA and Title VII of the Civil Rights Act of 1964 is also presented. 2004 20. P5943-19 Doron, I. Aging in the Shadow of the Law: The Case of Elder Guardianship in Israel Journal of Aging & Social Policy; Vol. 16 (4), 59-77; 2004. Jou
