Claims of disparate impact under the ADEA are harder to win than under Title VII because

Question

Quizplus · Accepted Answer

The ADEA permits an employer to discriminate when the differentiation is based on a reasonable factor other than age (RFOA), which makes it harder for employees to prevail on a disparate impact claim. The BFOQ defense is allowed under both Title VII and ADEA, so option B is not correct. Option A is incorrect because Congress has not specified that discrimination based on age is less frequent than discrimination based on race, color, national origin or sex. Option D is not entirely accurate because age discrimination can also be based on hostility or bias, but it is true that it can be more subtle and nuanced than other forms of discrimination.

Claims of Disparate Impact Under the ADEA Are Harder to Win