Disparate Impact / Disparate Treatment Term Paper

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Smith et al. v. City of Jackson, MS, et al., No. 03-1160 (2005). In sum, this ruling allows employees to prevail in an ADEA claim against their employers without proving that the employer intended to discriminate based on the employee's age." (2006)

In the second caser under review in this study, specifically a case of Dolores Oubre, in Louisiana whose employer, Entergy Operations, Inc., "instituted a new employee evaluation process in which employees were ranked according to two criteria, performance and potential, in comparison with their peers. Ultimately, employees were placed into one of nine groups, and the lowest 10% of the employees had to be placed in the lowest group. Oubre found herself in this group. Given a choice between a severance package and an action plan for one year to upgrade her ranking, she accepted the severance package and then sued." (The Cutback that Cuts the Wrong Way, 2002)

The argument of Oubre was that "company management deliberately implemented a ranking system that was prone to age stereotyping" and that furthermore "prior to the new ranking system, she received positive evaluations every year. The court acknowledged that the facts lent themselves to a disparate impact theory, but concluded that the ranking process was not a neutral process.

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Instead, the court described the ranking as one that was impermissibly infected with age stereotyping. This exemplifies a classic case of disparate treatment, and the court denied the company's motion for summary judgment. Oubre v. Entergy Operations Inc., 1998 U.S. Dist. LEXIS 15306 (E.D. La. 1998)." (Ibid)

CONCLUSION

There are two general theories of employment discrimination and as seen in the first case in this study disparate impact cases have as their focus neutral rules or practices which affect a protected group more harshly than other groups are affected while a disparate treatment case is one that has as its focus the intentional discrimination of a protected group from a non-protected group due to their membership in that group......

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