Comments on: Older workers need not prove intentional bias http://www.scotusblog.com/2005/03/older-workers-need-not-prove-intentional-bias/ The Supreme Court of the United States blog Tue, 14 Feb 2012 20:42:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Chris http://www.scotusblog.com/2005/03/older-workers-need-not-prove-intentional-bias/#comment-6519 Chris Thu, 07 Apr 2005 16:55:50 +0000 http://www.scotusblog.com/wp/uncategorized/older-workers-need-not-prove-intentional-bias/#comment-6519 Just got through reading Smith. Given that there were not five votes for a rationale, why did Rehnquist stay out? He noted the issue in a 1981 dissent from the denial of cert, but I'm curious what he thinks about the Scalia v. O'Connor/Kennedy/Thomas Chevron issue. TG responds: the Chief did not participate in cases argued in November in which his vote would not change the outcome. Just got through reading Smith. Given that there were not five votes for a rationale, why did Rehnquist stay out? He noted the issue in a 1981 dissent from the denial of cert, but I’m curious what he thinks about the Scalia v. O’Connor/Kennedy/Thomas Chevron issue.

TG responds: the Chief did not participate in cases argued in November in which his vote would not change the outcome.

]]> By: Madden http://www.scotusblog.com/2005/03/older-workers-need-not-prove-intentional-bias/#comment-6518 Madden Sat, 02 Apr 2005 22:10:18 +0000 http://www.scotusblog.com/wp/uncategorized/older-workers-need-not-prove-intentional-bias/#comment-6518 Does this decision now mean that ADEA claims brought under a disparate impact theory will be subject to a jury trial? TG responds: it is not certain, but presumably yes. Does this decision now mean that ADEA claims brought under a disparate impact theory will be subject to a jury trial?

TG responds: it is not certain, but presumably yes.

]]> By: Gary Morgan http://www.scotusblog.com/2005/03/older-workers-need-not-prove-intentional-bias/#comment-6517 Gary Morgan Thu, 31 Mar 2005 00:57:23 +0000 http://www.scotusblog.com/wp/uncategorized/older-workers-need-not-prove-intentional-bias/#comment-6517 For years employees of Kentucky state govt. have suffered this very same problem. Standard practice has always been to raise the entry level salaries of positions, but employees already working in those positions never receive any increase. Now we have employees with a few years of service making almost as much as employees with many years of service. I've always said it isn't right, but saw no way to fight back. For years employees of Kentucky state govt. have suffered this very same problem. Standard practice has always been to raise the entry level salaries of positions, but employees already working in those positions never receive any increase. Now we have employees with a few years of service making almost as much as employees with many years of service. I’ve always said it isn’t right, but saw no way to fight back.

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