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Smith v. City of Jackson: "Adverse impact lite"?

"The most significant labor case on this year's Supreme Court docket was handed down this morning, with a somewhat muddled result," writes employer's lawyer Mike Fox in his assessment of the Supreme Court's reversal of the 5th Circuit's decision, rejecting the theory of adverse impact under the Age Discrimination Act.

In "'Adverse Impact Lite' Theory Available Under the ADEA,"Fox opines on the ruling's effect on the ADEA, Title VII, the RFOA clause, and the Supreme Court's 1991 decision in Ward Cove, before he adds:

"All of that is a considerable mush of legal arguments that will take some time for the lower courts (and me) to absorb, but while we do have adverse impact under the ADEA, it is fair to call it "adverse impact lite." Not terribly palatable to employers, but certainly more so than the full-weighted version, which could have been forthcoming."

What do you think?

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Posted by Laurel Newby on March 30, 2005 at 03:45 PM | Permalink | Comments (0) | TrackBack (0)

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