The Supreme Court has refused to hear the appeal of a case that leaves a pressing age discrimination issue unresolved. The issue is whether an employee can sue based on the fact that an employers? layoff policy had a "disproportionate impact'' on older workers. This is an important question because it is often easier to use statistical evidence to prove a disproportionate effect than it is to prove intentional discrimination.
See "Justices Decline to Review Age Bias Case", The New York Times, December 7, 2003