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• U.S. Supreme Court Concludes Disparate Impact Claims are Viable Under the ADEA ( June 2005 )
  

  In a watershed decision on March 30, 2005, the United States Supreme Court held an employer may be held liable for age discrimination based on a facially neutral employment policy that has a disproportionate effect, or "disparate impact," on older workers. In Smith v. City of Jackson, Mississippi, the Supreme Court resolved an issue of longstanding uncertainty among the lower courts, finding that disparate impact claims are cognizable under the Age Discrimination In Employment Act ("ADEA").

• Supreme Court Expands Scope of Age Discrimination Law ( April 2005 )
  

  In a recent decision, the U.S. Supreme Court held that workers age 40 and over do not have to prove an intent to discriminate and may allege age discrimination under the ADEA under a "disparate impact" theory. The proof required for such an action, however, may be more favorable to employers than in other discrimination cases.

• Employment Relations Alert: March 2004, Issue 14. ( April 2004 )
  

  On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) and other federal agencies issued long overdue proposed guidance on the definition of who is an applicant, including when a person applies for a job via the Internet. The definition of applicant is particularly important to federal government contractors because they must track the race and sex of applicants and analyze whether hiring practices, policies or procedures have a "disparate impact" on minority and women applicants.

• Light Duty Program Reserved for Employees Injured on the Job Need Not Be Extended To Pregnant Employees ( January 2000 )
  

  The Eleventh Circuit has ruled, consistent with the Fifth Circuit, that reserving a light duty program exclusively .

• Personality Testing in Employment ( December 1999 )
  

  This article discusses the various personality tests that are being used by corporations. In addition, this article summarizes the legal concerns relating to this type of testing in the workplace.

• EPA Using Title VI Of Civil Rights Act Of 1964 ( December 1999 )
  

  The Client Alert considers interim guidance issued by the EPA in January 1998 explaining how the agency plans to investigate Title VI administrative complaints challenging pollution control permits alleged to have a disproportionate environmental impact on a minority population.

• Federal Regulators Issue Statements On Lender Payments To Mortgage Brokers And Fair Lending ( March 1999 )
  

  HUD STATEMENT OF POLICY 1999-1 REGARDING LENDER PAYMENTS TO MORTGAGE BROKERS HUD has finally issued its policy .

• Employee Evaluations ( January 1999 )
  

  Poorly implemented employee performance evaluation systems can be a source of increased risk for employers.

• EPA Using Title VI of Civil Rights Act of 1964 to Persuade States to Mitigate Environmental Justice Concerns Raised in Issuing, Modifying or Renewing Pollution Control Permits ( January 1998 )
  

  The U.S. Environmental Protection Agency ("EPA") has drafted new interim guidance that explain.

• Physician Group Practices ( January 1998 )
  

  A group of physicians that qualify as "group practice" under the Stark law may qualify for several exceptions to th.