Age Discrimination Claims, Pre-employment Medical Tests, Commission Chargebacks, and More

This new year has brought a variety of new employment law cases from both federal and state courts. Most offer clarification on existing law, while a couple expand existing obligations or liability.

Federal Court Decisions

Older Employees Can Bring (Limited) Disparate Impact Age Discrimination Claims Under Federal Law

The U.S. Supreme Court has recently settled the question of whether older employees can bring disparate impact 1 suits where neutral policies disparately impact older workers. In Smith v. City of Jackson, Mississippi, 125 S. Ct. 1536 (March 30, 2005), the Court held in a 5-3 decision (Justice Rehnquist did not participate) that the Age Discrimination in Employment Act ("ADEA") permitted such claims, although it found in that case the plaintiffs failed to state a viable claim for disparate impact.

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