Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Last week, in Karlo v. Pittsburgh Glass Works, No. 15-3435, the Third Circuit extended protections under the Age Discrimination in Employment Act (ADEA) to include discrimination based on age, regardless of whether the employees alleged to have been favored were also over forty.

 

The court’s precedential opinion held that a “subgroup” of employees over fifty had a cognizable claim under ADEA because the statute prohibits disparate impact based on age, and not whether the plaintiffs and comparators were just over forty. The court looked to the language in the statute, which “makes it unlawful for an employer to adversely affect an employee’s status . . . because of such individual’s age.”

 

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