After the ruling in Hazen Paper, older workers who are terminated will have a more difficult burden proving their termination was based on age. Previously used disparate impact and disparate treatment theories will be more difficult to utilize, and employers may be allowed wider use of factors other that age as reasons for termination, without the fear that these factors will be considered age proxies.
Moher, Grant T.
"The ADEA at the Top of the Food Chain: Who's Protecting the Higher-Salaried Employees?,"
Marquette Elder's Advisor:
2, Article 9.
Available at: http://scholarship.law.marquette.edu/elders/vol1/iss2/9