The Supreme Court has ruled that employers can be held liable for age discrimination even if they never intended any harm. The ruling refers to workplace polices that may not blatantly favor younger workers, but actually disproportionately hurt older workers. Although it will now be easier for older workers to bring disparate impact claims to court, employers are allowed to cite "reasonable" factors that justify their practices.
See "Path Eased for Age Discrimination Lawsuits", Los Angeles Times, March 29, 2005