Third Circuit Creates Circuit Split by Allowing Older Subgroup ADEA Disparate Impact Claim
The Third Circuit created a circuit split when it decided in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435 (3d Cir. Jan. 10, 2017) that a subgroup of older employees had a cognizable disparate impact claim under the Age Discrimination in Employment Act (“ADEA”) (which protects employees 40 years of age and older from age discrimination in employment. Here, the Plaintiffs were terminated pursuant to a reduction in force. Plaintiffs argued, among other things, that the red