Answer to Question 1
F
Answer to Question 2
Prior to the Court's decision there was a conflict in the circuit courts of appeals whether or not disparate impact claims were permissible. The Smith v. City of Jackson decision resolved the conflict, deciding that disparate impact claims are permitted under the ADEA. Thus, in addition to intentional age discrimination, an additional theory of age discrimination has been approved for the entire country.
While an additional theory of age discrimination now exists, whether it is easier to win a case under a disparate impact theory is open to question. However, where a disparate impact is found to exist, many attorneys believe it is actually easier to prove such a case than a case of intentional age discrimination.