Paula Lopez, February 10, 2017. The Age Discrimination in Employment Act (ADEA) protects employees, age 40 and older, against age discrimination.  The Third Circuit, in Karlo v. Pittsburgh Glass Works, 129 Fair Empl.Prac.Cas (BNA) 1461, split from the Second, Sixth and Eight Circuits by holding that employees over the age of 40 can make out a disparate impact claim under the ADEA by showing that an employer’s actions disproportionately impacted a subgroup of employees over 40, within a larger group of employees over 40 years of age, but younger…