Wal-Mart, Shopko Cart Gathering: A Case for Smith v. City of Jackson ADEA Disparate Impact?

This article explores the effects on older workers and job applicants caused by proposed and existing policies of big-box retailers to require physical activities in job descriptions for the purpose of lowering health-care costs. The effects of ADEA decisions and the concepts of disparate treatment, disparate impact, and business necessity frame the discussion of how older workers will be affected.