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Published: 24-11-2010, 17:19

Age Discrimination in Employment Act (ADEA)

Age Discrimination in Employment Act (ADEA): General Provisions

Age Discrimination in Employment Act (ADEA): Application of the Law

Age Discrimination in Employment Act (ADEA): Early Retirement Incentive Programs

The Age Discrimination in Employment Act (ADEA) of 1967 was passed by Congress as part of its broad legislative attack on employment discrimination in the 1960s and 1970s. Concerned with incidents of age bias in the workplace, Congress enacted the Age Discrimination in Employment Act as an amendment to the Fair Labor Standards Act of 1938 that substantially parallels Title VII of the Civil Rights Act of 1964. The Age Discrimination in Employment Act’s provisions prohibit age-based discrimination in employment decisions, benefit programs, and retirement plans. Since the statute’s enactment, courts have dealt with many Age Discrimination in Employment Act issues in the context of higher education, ranging from dismissal and denial of tenure to salaries and early retirement incentive plans. This entry reviews the scope and application of the ADEA in higher education.

Ralph Sharp

Further Readings

  • Equal Employment Opportunity Commission. (2009). Harassment charges EEOC & FEPAs combined: FY 1997–FY 2008. Retrieved June 20, 2009, from http://www.eeoc.gov/stats/harassment.html
  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (1964).

Legal Citations

  • Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (1967).
  • Americans with Disabilities Act, Pub. L. No. 101-336 (1990).
  • Davidson v. Board of Governors of State Colleges and Universities for Western Illinois University, 920 F.2d 441 (7th Cir. 1990).
  • EEOC v. Wyoming, 460 U.S. 226 (1983).
  • Equal Pay Act, 29 U.S.C. § 206(d) (1963).
  • Fair Labor Standards Act, 29 U.S.C. ch. 8 (1938).
  • Lewis v. St. Cloud State University, 467 F.3d 1133 (8th Cir. 2006).
  • MacPherson v. University of Montevallo, 922 F.2d 766 (11th Cir. 1991).
  • McDonnell Douglas v. Green, 411 U.S. 792 (1973).
  • O’Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308 (1996).
  • Older Workers Benefit Protection Act, 29 U.S.C. § 623(f)(2) (1990).
  • Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981).
  • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (1964).
  • Wichmann v. Board of Trustees of S. Ill. Univ., 180 F.3d 791 (7th Cir. 1999).
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David McCormick

18 марта 2011 10:53

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Question:
I am 63
Been employeed with company for 5 years.
They push "youthfulness"
On 3 occasions I applied for job openings that I was well qualified for from within -

In all 3 cases a they failed to interview me and instead hired a younger less experience female. Suggestions or guidance.
Thanks,

David
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Robert Hull

12 декабря 2011 15:56

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I am not a expert, but from my observations of successful and unsuccessful claims, it is all about documentation. Are you able to collect documentation in the form of comments, meeting notes, policies (written or applied), attitudes that show that the hiring was age relate? An example would be that the other individuals were offered training for the position due to their "newness" from which you were excluded that then became a key factor in the hiring process. Another would be if there is are "jokes" about how age impedes the learning and thought process required for leadership that would show the general attitude.

In then end, from what I have witnessed, it is usually who is better as supplying the documented evidence.

Bob
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Susan B

21 сентября 2012 17:03

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Hi,
My husband is age 56 and the company he works for lost a contract for outsourced computer support after providing this service for a long period of time. The company that won the contract was given the names of the employees that currently do the outsourced work, my husband being one of those employees. The outsourced employees were instructed by the new company to go to the company website and apply for their current jobs. Another younger man that works with my husband was interviewed over the phone and then offered a position. My husband was never interviewed and then received an email that he was not a fit for the company and that they would not be hiring him. Sounds like possible age discrimination to me. Thoughts?

Susan
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ronaldconlan

4 октября 2012 19:34

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I and seven other people retired from a school district. One of the retirees received a health benefit that others did not. The contract doesn't mention anything about this issue. Is this action discrimination under ADEA
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