Supreme Court: Employers Bear Burden In Disparate Impact Age Discrimination Cases — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Supreme Court: Employers Bear Burden In Disparate Impact Age Discrimination Cases

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The U.S. Supreme Court's ruling in Meacham, et al. v. Knolls Atomic Power Laboratory (No. 06-1505, 2008) demands that employers take special care to ensure that their layoff decisions are based on a reasonable factor other than age. The decision could have a "profound impact" on employers defending disparate impact claims under the Age Discrimination in Employment Act (ADEA), noted Richard L. Sloane, a management attorney with Littler Mendelson in Washington, DC . "Of course, only time will tell precisely how significant this impact will be. However, it's clear that Meacham raises the bar on employers."

 

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To effect an involuntary reduction-in-force (RIF) after a voluntary buy-out offer fell short, the company instructed its managers to evaluate employees on performance, flexibility, and critical skills. Performance scores were based on employees' two most recent appraisals; flexibility and ...(register to read more)

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