Question: What is your opinion as to whether the plaintiffs in the ADEA (age) case can use a disparate impact theory to define prima facie discrimination.

What is your opinion as to whether the plaintiffs in the ADEA (age) case can use a “disparate impact” theory to define prima facie discrimination. Provide an example of how statistics could be used to show ‘prima facie’ discrimination in decision related to retention or terminations.

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