Disproportionate Impact Ruling Is Expected

A case to determine if the Age Discrimination in Employment Act (ADEA) permits lawsuits on the grounds that an employer's action had a "disproportionate impact" on its older workers, will be heard by the U.S. Supreme Court next fall. A similar suit has already been settled by the high court, allowing "disproportionate impact" under the Civil Rights Act.

The case involves police officers in Jackson, Mississippi who are over age 40. The officers sued the city over a pay plan they said gave larger increases to city employees under age 40 and, thus, caused them a disproportionate amount of harm.

In bringing the case before the U.S. Supreme Court, Attorney Thomas Goldstein, who is representing the police officers, said statutes across the country are not unified. As a result, Goldstein said some older workers receive federal protections against "disproportionate impact" while others do not.