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  U.S. Supreme Court Issues Employer-Friendly ADEA Ruling.Ogletree Deakins - August 13, 2009 In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the "but for" cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age. Report Link Court Withdraws Controversial Age Bias Decision (pdf).Ogletree Deakins - June 19, 2006 Selection criteria in RIF. Report Link Supreme Court Expands Scope of Age Discrimination Law.Littler Mendelson, P.C. - April 08, 2005 On March 30, 2005, in a decision that will change the landscape of age discrimination litigation, the U.S. Supreme Court ruled in Smith v. City of Jackson that workers age 40 and older may prove discrimination under the Age Discrimination in Employment Act (ADEA) using a disparate impact theory. Report Link High Court Broadens Age Bias Claims (pdf).Ogletree Deakins - April 05, 2005 In a very divided 5-3 ruling, the U.S. Supreme Court held this morning that employees may bring
so-called “disparate impact” claims under the federal statute prohibiting age discrimination. Report Link Supreme Court Allows Disparate Impact Claims Under ADEA (pdf).Vedder Price - April 01, 2005 In a surprise ruling, the U.S. Supreme Court decided on March 30, 2005 that a claimant may establish liability under
the federal Age Discrimination in Employment Act (ADEA) even if there is no intent to discriminate. Smith v. City
of Jackson, Mississippi, No, 03-1160. Report Link Claims of Age Discrimination Based on Disparate Impact Under the ADEA Can Be Made by Older Workers.Jackson Lewis LLP - March 31, 2005 In a decision of great significance, the U. S. Supreme Court has ruled that an individual protected by the Age Discrimination in Employment Act can sue an employer if a policy, practice or other employment action has had a disparate impact because of that individual's age. Report Link Supreme Court Again Agrees To Consider Viability of Disparate Impact Claims under the ADEA.Jackson Lewis LLP - July 20, 2004 On March 29, 2004, the U.S. Supreme Court once again agreed to consider whether disparate impact claims may be brought under the ADEA.
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