Rudolph A. KARLO; Mark K. McLure; William S. Cunningham; Jeffrey Marietti; David Meixelsberger, Appellants
v.
PITTSBURGH GLASS WORKS, LLC
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 9, 2016.
Opinion Filed: January 10, 2017.
Attorney(s) appearing for the Case
[ARGUED] Samuel J. Cordes , 245 Fort Pitt Boulevard, Pittsburgh, PA 15222, Bruce C. Fox , Andrew J. Horowitz , Obermayer Rebmann Maxwell & Hippel, 500 Grant Street, Suite 5240, One Mellon Center, Pittsburgh, PA 15219, Counsel for Appellant
[ARGUED] Neal D. Mollen , Paul Hastings, 875 15th Street, N.W., Suite 1000, Washington, DC 20005, Counsel for Amicus Appellee Chamber of Commerce of the United States of America
Michael P. Bracken , NT Lakis, 1501 M Street, N.W., Suite 400, Washington, DC 20005, Counsel for Amicus Appellee Equal Employment Advisory Council
[ARGUED] Anne N. Occhialino , Equal Employment Opportunity Commission, 5th Floor, 131 M Street, N.E., Washington, DC 20507, Counsel for Amicus Appellant Equal Employment Opportunity Commission
Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges
OPINION
SMITH, Chief Judge.
The Age Discrimination in Employment Act ("ADEA") protects only those individuals who are at least forty years of age. The question in this case is whether a disparate-impact claim is cognizable where a "subgroup" of employees at the upper end of that range — in this case, employees aged fifty and older...
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