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Labor & Employment – Public Employees – ADEA – Disparate Impact – Business Necessity Defense (access required)

Since the court is allowing plaintiff to bring a disparate impact claim under the federal-sector provisions of the Age Discrimination in Employment Act, the court will also allow defendant to assert the business necessity defense. Kennedy v. Shulkin (Lawyers Weekly No. 002-171-18, 6 pp.) (Margaret Seymour, S.J.) 3:15-cv-01844. Rebecca Fulmer and Wilmot Irvin for plaintiff; Terri ...

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