July-August 2005

Older Workers May Sue, Court Affirms


The U.S. Supreme Court in March ruled that legal actions can be brought challenging policies that have a disparate impact on older workers. The case, Smith v. City of Jackson, involved older police officers who challenged policies in Jackson, Mississippi, that awarded more generous pay raises to officers, many of them under the age of forty, who had fewer than five years of service. The city said its policy was intended to make the police department more competitive in recruiting and retaining officers, but older officers contended that the policy adversely affected older workers. TheĀ Legal Watch columnĀ  discusses this case, in which the AAUP filed an amicus brief.