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Age discrimination claims get a boost from the court.

Article Excerpt
This is a crucial question in all areas of employment discrimination: Must a plaintiff prove discriminatory intent, or is proof of disparate impact enough? In reality, many civil rights plaintiffs can show that an employer's action has a discriminatory effect against a particular group, but not that the employer intentionally discriminated. Requiring proof that there was an impermissible purpose--that is, discriminatory intent--is often an insurmountable obstacle, but allowing proof of disparate impact can clear the way for claims that otherwise would be barred.

The Supreme Court has held that constitutional claims for violations of equal protection, even for race or gender discrimination, require proof of discriminatory intent. (1) On the other hand, in the landmark ruling in Griggs v. Duke Power Co., the Court held that plaintiffs suing under Title VII of the 1964 Civil Rights Act--which prohibits employment discrimination based on race, gender, or religion--could prevail by proving either disparate impact or discriminatory intent. (2)

A crucial issue that has divided the...

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