11.4 Age Discrimination-Disparate Impact-Elements
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FAQ
In addition to prohibiting intentional discrimination against older workers (known as "disparate treatment"), the ADEA prohibits practices that, although facially neutral with regard to age, have the effect of harming older workers more than younger workers (known as "disparate impact"), unless the employer can show
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; 9 and (4) establish causation.
To establish a disparate-treatment claim under the plain language of the ADEA, therefore, a plaintiff must prove that age was the ?but-for? cause of the employer's adverse decision.
Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
What does an age discrimination claim look like? The employee is at least 40 years old. The employee's work is good enough to meet their employer's legitimate expectations (that is, the employee is qualified for the position) The employer took an adverse action against the employee (such as, the employee was fired)
Disparate treatment refers to scenarios in which an employer intentionally singles out or treats a worker less favorably based on a protected characteristic. Generally, this is the more blatant form of age discrimination. In arguing disparate treatment, you have to prove the intentional discrimination.
There are important differences between Title VII and ADEA disparate impact claims. First, while under Title VII, individuals of every race, color, religion, sex, and national origin are protected, the ADEA applies only to individuals that are 40 years of age and older.
