Judicial impact requirement of significant causal disparity

AND · 29usc623:age-disparity

Statistical comparison must fit the affected labor pool and challenged practice. O’Brien recognizes older-subgroup comparisons within the over-forty class; do not present that circuit treatment as a universal rule.

Exact element source

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or
Source: docroot/ir/usc/title29.jsonl#title29_sec623; Unicode character offsets [327:564] (end exclusive); SHA-256 d7414b39849853d6a6068539da731f835b09d9f238c028f95f2d0dd04fb6f667.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
statistical-impact/retirement-eligible-subgroup1
Satisfied 1; not satisfied 0; excluded context 0
1/f3d/900/0923-01 — United States Court of Appeals for the Seventh Circuit · 2018 — satisfied

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/900/0923-01 — United States Court of Appeals for the Seventh Circuit · 2018Judicial impact requirement of significant causal disparitysatisfied
Counted merits instance
applied / merits

basis: law

This is the court’s prima facie disparate-impact determination, not a final liability finding or a nationwide endorsement of every subgroup theory.
statistical-impact/retirement-eligible-subgroup
This is borne out by the statistics: the mean age of the retirement-eligible employees is 61.57 compared with a mean age of 47.81 for those ineligible to retire.
Source: docroot/ir/caselaw/f3d_900.jsonl#/f3d/900/0923-01; Unicode character offsets [13920:14081] (end exclusive); SHA-256 a033ea2b8166d55b594539c0a4bfdbfabfd4236926a51cff302f1d045dc73bcf.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Only 1.4% of employees under the age of 55 were eligible for retirement compared with 93.4% of those 55 and older.
Source: docroot/ir/caselaw/f3d_900.jsonl#/f3d/900/0923-01; Unicode character offsets [14167:14281] (end exclusive); SHA-256 a033ea2b8166d55b594539c0a4bfdbfabfd4236926a51cff302f1d045dc73bcf.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In light of the substantial statistical disparities between the ages of retirement-eligible and nonretirement-eligible employees, the plaintiffs have established a prima facie disparate-impact case.
Source: docroot/ir/caselaw/f3d_900.jsonl#/f3d/900/0923-01; Unicode character offsets [14282:14480] (end exclusive); SHA-256 a033ea2b8166d55b594539c0a4bfdbfabfd4236926a51cff302f1d045dc73bcf.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

A disparate-impact claim involves "employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another." Hazen Paper Co. v. Biggins , 507 U.S. 604, 609, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993) (quotation marks omitted). The plaintiffs must demonstrate a "significant" age-based disparity to establish a prima facie case. Karlo v. Pittsburgh Glass Works, LLC , 849 F.3d 61, 69 (3d Cir. 2017).

/f3d/900/0923-01 — United States Court of Appeals for the Seventh Circuit · 2018

A disparate-impact claim involves "employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another." Hazen Paper Co. v. Biggins , 507 U.S. 604, 609, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993) (quotation marks omitted). The plaintiffs must demonstrate a "significant" age-based disparity to establish a prima facie case. Karlo v. Pittsburgh Glass Works, LLC , 849 F.3d 61, 69 (3d Cir. 2017).
Source: docroot/ir/caselaw/f3d_900.jsonl#/f3d/900/0923-01; Unicode character offsets [13216:13685] (end exclusive); SHA-256 a033ea2b8166d55b594539c0a4bfdbfabfd4236926a51cff302f1d045dc73bcf.

Statistical comparison must fit the affected labor pool and challenged practice. O’Brien recognizes older-subgroup comparisons within the over-forty class; do not present that circuit treatment as a universal rule.