MaverickM11
Topic Author
Posts: 15265
Joined: Thu Apr 06, 2000 1:59 pm

"Unintentional Bias" And Age Discrimination

Thu Mar 31, 2005 5:51 am

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
 
jaysit
Posts: 10186
Joined: Thu Jun 01, 2000 11:50 pm

RE: "Unintentional Bias" And Age Discrimination

Thu Mar 31, 2005 6:40 am

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).
Atheism is Myth Understood.
 
jaysit
Posts: 10186
Joined: Thu Jun 01, 2000 11:50 pm

RE: "Unintentional Bias" And Age Discrimination

Thu Mar 31, 2005 7:11 am

Its been a good month for AARP.

A punch in the jaw to the Prez on social security, and now this.
Atheism is Myth Understood.
 
MaverickM11
Topic Author
Posts: 15265
Joined: Thu Apr 06, 2000 1:59 pm

RE: "Unintentional Bias" And Age Discrimination

Thu Mar 31, 2005 8:22 am

" 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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