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March 14, 2005


employment discrimination pregnant

The number one reason given for the employer practice of not hiring older workers is our customers prefer younger people in those positions. If one must allege intent to discriminate in order to get into court in order to disprove this (arguably) fallacious assertion, the pleading hurdle is much easier to get over if one need only show disparate impact. Disparate effect gets you into court, where fallacious claims can be disproved, advancing whatever agenda one is pursuing. The firemen lost, but the cause of...

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