More than 16,000 charges of age discrimination were filed with the federal Equal Employment Opportunity Commission in its last reporting year. (See Charge Statistics from the U.S. E.E.O.C., available at http://www.eeoc.gov/stats; last modified Jan. 18, 2001). With age discrimination claims on the rise and layoffs continuing at many firms hit by the recession, employers should be aware of their potential liability under the Age Discrimination in Employment Act, 29 U.S.C. ��621- 34, particularly when corporate layoffs have a disproportionate impact on older workers.
This month’s column addresses the question of whether the “disparate impact” method of proving age discrimination is available to plaintiffs bringing lawsuits under the ADEA, an issue the Supreme Court may resolve later this year.
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