Fitzpatrick v. Newmont Mining Corp.

1 Citing case

  1. Raymond v. Spirit AeroSys. Holdings

    No. 16-1282-JWB (D. Kan. May. 16, 2023)   Cited 1 times

    Plaintiffs fault Spirit for failing to produce evidence that it considered the potential disparate impact of the 15/70/15 policy on older workers before adopting it, but even if true, such a fact does not render this policy unreasonable in light of the other factors noted above, including the obvious relation of the policy to a legitimate business objective. Fitzpatrick v. Newmont Mining Corp., No. 13-CV-03409-PAB-CBS, 2015 WL 1809981, at *6 (D. Colo. Apr. 17, 2015) (noting no case authority that the RFOA provision requires an employer to consider the impact of the challenged practice on employees over 40 years of age or that the failure to do so renders a stated rationale unreasonable).