Smith, et al. v. City of Jackson, et al.
Disparate Impact in the Age Discrimination in Employment Act
On April 15, 2004, the U.S. Supreme Court agreed to resolve a conflict among the Federal circuits as to whether the Age Discrimination in Employment Act (ADEA) prohibits employment policies or practices that, although facially neutral with respect to age, have a "disparate impact" on older workers. "Disparate impact" or "adverse impact" generally refers to "employment practices that are facially neutral in their treatment of different groups, but that in fact fall more harshly on one group than another and cannot be justified by a business necessity." — Hazen Paper Co. v. Biggins (1993)In Smith v. City of Jackson, police…
