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US Changes View on Disparate Impact Age-Based Job Bias Liability

Aug. 30, 2022, 7:10 PM

A federal prison psychiatrist allegedly forced to quit after failing a physical abilities test can pursue all of her job discrimination claims after the US government changed its stance on its potential liability for inadvertent or unintentional age bias, the full Fourth Circuit said Tuesday.

A three-judge panel of the court had revived Jane DiCocco’s Title VII of the 1964 Civil Rights Act sex discrimination claims in a Nov. 17 decision. But it affirmed the dismissal of her Age Discrimination in Employment Act claim, agreeing with the government that the ADEA doesn’t provide federal workers with a claim for ...