The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination against individuals age 40 and older.
Articles about the Age Discrimination in Employment Act (ADEA) and other issues relating to age discrimination in the workplace.
On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights Act. Stilwell v. City of Williams, No. 14-15540, __ F.3d __ (9th Cir. Aug. 5, 2016). The decision is significant because section 1983 may now provide a remedy to a public-sector employee alleging retaliation, based on age discrimination, against a state or local government entity or official. In contrast, no such remedies are available under the ADEA because the U.S. Supreme Court has held that the Eleventh Amendment provides immunity from ADEA claims against state actors. Section 1983 is thus an alternative avenue for a public employee to challenge a public employer’s alleged retaliatory conduct for exercising free speech in the age discrimination context.