Can the older workers use “ disparate impact” theory in their age discrimination claim? Justify your answer. Based on the preceding facts, is the City of Tampa guilty of unlawful discrimination against older workers? Explain your answer. If “ disparate impact” theory is allowed in ADEA cases, who has the burden of proof once “ prima facie” evidence is presented, and what is that burden? What case law backs up your position? What is your view of the methods they used to adjust pay rates?