ADEA Disparate Impact in the Sixth Circuit

This article explores whether disparate impact claims are viable under the Age Discrimination in Employment Act (ADEA), particularly focusing on the Sixth Circuit’s interpretation. It discusses the background of disparate impact and disparate treatment claims, the implications of the Supreme Court’s Hazen Paper decision, and the ongoing circuit split on the issue. The authors analyze arguments for and against recognizing disparate impact doctrine under the ADEA, including statutory language, legislative history, and policy considerations. They conclude that allowing disparate impact claims under the ADEA better serves the interests of older workers and aligns with the broader goals of anti-discrimination laws. This should be done either by an act of Congress or by the Supreme Court of the United States to take on a case surrounding this issue and rule in favor of disparate impact being available.