Publications

Second Circuit Raises Standard for Workers Claiming Disparate Impact Under the ADEA

Summer 2006
Susan E. Bernstein | Mark E. Brossman | David M. Cohen | Laurence M. Moss | Ronald E. Richman | Holly H. Weiss
Employment & Employee Benefits Developments - Summer 2006

Laid-off workers claiming disparate impact under the Age Discrimination in Employment Act (“ADEA”) must now meet a higher standard, following the U.S. Court of Appeals for the Second Circuit’s recent decision in Meacham v. Knolls Atomic Power Laboratory. Reversing an earlier age discrimination decision, the court held that laidoff workers claiming disparate impact must establish that the decision to terminate them was unreasonable.