In 2005 the Supreme Court in Smith v. City of Jackson recognized that the ADEA authorizes recovery in disparate impact cases. But was the decision a triumph for the civil rights of aging workers? Part I of this article examines significant parallelisms between Title VII and the ADEA. Part II recounts the development of disparate impact theory, particularly with respect to the ADEA. Part III analyzes the implication for employment policies and evaluates how courts subsequently have grappled with the decision in Smith. Part IV focuses on the significance of the "reasonable factors other than age" proviso of the ADEA, its judicial interpretation, and the most recent Supreme Court decision on this caveat. Finally, the paper concludes that older workers need legislative intervention to protect their rights.