Human Resource Department Management Report

The Supreme Court decision in Smith vs. City of Jackson [(03-1160) 351 F.3d 183] has both sides claiming victory. The police officers who brought the suit believe they prevailed because the Court held that employers may be held liable for unintentional discrimination against older workers—specifically, it allowed disparate impact claims under the Age Discrimination in Employment Act (ADEA) of 1967. Attorneys for the defense said they prevailed because the court also found that the City of Jackson, Miss. had a sound business reason for making its decision about pay raises and could successfully defend itself against numbers that on their face revealed a disparate impact on older police officers (see the accompanying sidebar, "A History of Disparate Impact Lawsuits").