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"Unintentional Bias" And Age Discrimination  
User currently offlineMaverickM11 From United States of America, joined Apr 2000, 17335 posts, RR: 46
Posted (9 years 3 months 3 weeks 6 days 22 hours ago) and read 1863 times:

http://www.nytimes.com/2005/03/30/po...38370a208&ei=5094&partner=homepage

"the law, said it does allow recovery of damages in "disparate impact" cases - that is, in instances in which the effect on older workers is unintentional - as well as "disparate treatment" cases, when the effect is clearly deliberate"

http://online.wsj.com/article/0,,SB1...165,00.html?mod=home_whats_news_us

"Worker Suits Need Not Show Deliberate Bias"

Sooooo we can sue for unintentional consequences now? How does one prove unintentional bias?

[Edited 2005-03-30 22:14:29]


E pur si muove -Galileo
3 replies: All unread, jump to last
 
User currently offlineJaysit From , joined Dec 1969, posts, RR:
Reply 1, posted (9 years 3 months 3 weeks 6 days 21 hours ago) and read 1849 times:

This is a very narrow ruling that is intended to address the practice of laying off older workers who often have greater tenure at a job and, thus, make more in wages, and replacing them with younger workers without benefits. When an employer says "I'm going to fire some of my staff," he could be held liable if a disproportionate number of such fired staff were over 40. Of course, the Court also said that a plaintiff would have to show that the reasons for this disproportionate impact were not rational (cutting costs, for instance, would be rational in may circumstances).

User currently offlineJaysit From , joined Dec 1969, posts, RR:
Reply 2, posted (9 years 3 months 3 weeks 6 days 21 hours ago) and read 1835 times:

Its been a good month for AARP.

A punch in the jaw to the Prez on social security, and now this.


User currently offlineMaverickM11 From United States of America, joined Apr 2000, 17335 posts, RR: 46
Reply 3, posted (9 years 3 months 3 weeks 6 days 19 hours ago) and read 1814 times:

" he could be held liable if a disproportionate number of such fired staff were over 40."

That opens up the Pandora's box of what "disproportionate" means.



E pur si muove -Galileo
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