Katherine Krems
, associate with Kalijarvi, Chuzi, Newman & Fitch, P.C (KCNF), provides insight into the types of discrimination claims that can be made in light of a recent Fourth Circuit ruling in DiCocco v. Garland, holding that the Age Discrimination in Employment Act does not provide a disparate-impact cause of action for federal employees.
In her article “Can federal employees file disparate-impact age discrimination claims?,” Krems analyzes the decision and discusses the difference between disparate treatment and disparate impact claims. In DiCocco, the court held that the ADEA waives the federal government’s immunity for disparate treatment claims, but that Congress did not waive sovereign immunity under the ADEA for disparate-impact claims.
Krems explains that we have not heard the final word on this issue, as the EEOC and other federal courts disagree with the decision.
Read the full article here.