Final answer:
Percy's case against The Sledge Company involves disparate impact under the Age Discrimination in Employment Act. The Sledge Company must prove that its decision was based on a reasonable factor other than age to win the case.
Step-by-step explanation:
Percy has brought a lawsuit against The Sledge Company under the Age Discrimination in Employment Act of 1967 (ADEA), claiming disparate impact, which is a form of discrimination that occurs when policies, practices, rules, or other systems that appear to be neutral result in a disproportionate impact on a protected group.
Under the ADEA, it is unlawful for an employer to discriminate against any individual concerning compensation, terms, conditions, or privileges of employment, because of such individual's age. To win the case, Sledge Company must demonstrate that the basis for the discriminatory decision was a reasonable factor other than age (RFOA).
This could include factors like cost efficiency, safety, or the necessity of certain skills this does not rely on age. In cases of racial discrimination, under Title VII of the Civil Rights Act, one must prove that there is unequal pay for similar work among employees of different races, assuming equal educational attainment and expertise.
However, in Percy's case, which is based on age discrimination, Sledge's defense will need to focus on showing that any disparate impact was not due to age, but because of a reasonable factor not related to age. Cases such as Griggs v. Duke Power Co. illustrate how requirements that disproportionately affect a protected group must be directly related to job performance.