Learn from the Court Decision
on Age Discrimination
03/05/07
A recent U.S. Supreme Court decision may make it easier for older workers to sue employers for age discrimination. In Smith v. City of Jackson, Mississippi, the court found that workers over 40 may successfully sue their employers if employment policies adversely and unnecessarily affect older workers.
The case came about after the City of Jackson attempted to bring its starting police salaries in line with the regional average. As part of the initiative, officers with fewer than five years experience received proportionally greater pay raises than the rest of the force, and most officers over 40 had more than five years of experience. A group of older officers sued under the Age Discrimination in Employment Act (ADEA).
The Supreme Court decision affirmed that the ADEA may authorize recovery in cases in which employer policies adversely and disproportionately affect workers over the age of 40. But the City of Jackson ultimately prevailed. Why? Because although a disparate impact on older workers existed, the City of Jackson was able to show that its policy decision was based on reasonable factors other than worker age: namely, the need to compete for a limited pool of new and junior police officers.
What to take away
Under the ADEA and the recent decision, employers should be able to show that any policy decisions negatively affecting older workers are "reasonable."
The decision does not grant workers over 40 protection against unintentional acts of discrimination that are available to women, blacks, and other groups covered under Title VII of the Civil Rights Act of 1964. Rather, the court specifically held that the burden on the employer is less under the ADEA than under Title VII cases. Under Title VII, regarding racial, religious, or sexual discrimination, the employer must show that the discrimination is due to business necessity. Under the ADEA, the employer need only show that the policies causing disadvantage to older workers are "reasonable."
What you can do
The ADEA does not apply to employers with fewer than 20 workers, nor does it protect workers under 40 (though state laws do apply to smaller companies and often protect workers of all ages). But any company can benefit from a periodic review of its personnel policies as they relate to older workers:
To help you understand age discrimination law and other tricky aspects of human resource management, G.Neil offers the U.S. Master Human Resources Guide.* Now available in a newly published 7th edition, its more than 1,000 pages contain the answers to every HR question imaginable, and provide descriptions of best practices, along with practical examples of how to apply them in everyday settings.
U.S. Master Human Resources Guide
*Guides are not intended to provide definitive legal advice. You should also seek the services of a qualified legal professional.
August 2005