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30.3.05

Smith et al. v. City of Mississippi

Today, the U.S. Supreme Court today ruled (5-3 - arguments were in November when Rehnquist was undergoing cancer treatment) that workers over the age of 40 may bring age discrimination lawsuits against their employer, regardless of whether their employer engaged in deliberate bias. The Court, in Smith et al. v. City of Mississippi, 544 U.S. ___ (03/30/2005), held that employees can bring an age discrimination claim under the ADEA for workplace polices that appear neutral, but actually disproportionately hurt older workers.

You can read the SCOTUS decision here. (PDF form)
You can read the oral argument transcripts here. (PDF form)

I'm gonna weigh in on this soon, when I have more time. I'll be back...

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