Jottings By An Employer's Lawyer

Wednesday, February 11, 2004

Supreme Court Review Sought for Age Old Question: Are Disparate Impact Claims Actionable Under the ADEA?


From the authors of one of the premier legal blogs SCOTUS, comes the news today that as part of a Stanford seminar apparently taught in part by Tom Goldstein, they are filing this petition for writ of certiorari arguing that the 5th Circuit was wrong, when it answered the question no. The underlying case is referenced in my earlier note about the 5th Circuit decision.

There is no question the Supreme Court needs to address this issue soon, and as long as the answer is the same as that of the 5th Circuit, I don't mind if it is now.


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