Publications
Disparate Impact Analysis Under the ADEA and Title VII Testing Claims
Class-based claims for “unintentional” job discrimination predicated on the disparate impact theory of recovery are relatively uncommon, at least as compared to the volume of disparate treatment litigation. Therefore, while the analytical paradigm governing disparate impact claims is largely statutory and well established, case law of recent vintage is somewhat sparse. In an unusual flurry of disparate impact activity at the appellate level, the Second circuit recently issued two significant decisions in this area within a period of three days. Those decisions form the backdrop for this brief review of the oft-neglected, but never forgotten, disparate impact model.
