Stanford Law School today released the following.
The U.S. Supreme Court ruled today that workers over 40 do not have to show intentional discrimination by employers to recover damages under the federal Age Discrimination in Employment Act (ADEA).
The 5 to 3 ruling held that the ADEA permits lawsuits under a disparate impact theory, the same rule that applies under federal law for claims of race and gender discrimination. The decision affects the rights of an estimated 70 million workers, about half the nation's work force. The Court, however, rejected the plaintiffs' claim that the particular policy they challenged violated the ADEA.
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