EEOC Proposes Rule Addressing Disparate Impact Claims Under the Age Discrimination in Employment Act

The EEOC recently issued proposed regulations addressing disparate impact claims under the ADEA.  The proposed rule addresses the Supreme Court ruling in Smith v. City of Jackson 544 U.S. 228 which held that recovery is available under the ADEA not only for disparate treatment or intentional discrimination but also unintentional claims or disparate treatment.

The announcement of the rule is available here in the Federal Register.  Comments must be made on or before May 30, 2008.