Last week, the U.S. Supreme Court made it easier for employees to recover damages for age discrimination under the U.S. Age Discrimination in Employment Act of 1967 (ADEA). In Smith v. City of Jackson, Mississippi,1 the Court held that under the ADEA, an employee need not prove that the employer’s age discrimination was intentional—the employee need only show that an ostensibly neutral employment practice or policy had a "disparate impact" on employees 40 years of age and older. The Court also held, however, that an employer can defeat these claims by showing that the challenged practice or policy was based on a reasonable factor other than age.
In Smith, the Court was called on to consider a new plan by the City of Jackson, Mississippi, to give its junior police officers (i.e., those employed for five years or less) a higher percentage pay raise than its more senior officers (i.e., those with longer periods of employment). Most of the junior police officers were younger than 40
