
Contents
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Overview of the ADEA Overview of the ADEA
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Protected Class Protected Class
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Covered Entities Covered Entities
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Covered Practices Covered Practices
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Administrative Procedures Administrative Procedures
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Remedies Remedies
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Judicial Scenarios Judicial Scenarios
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Summary Summary
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Age-Specific Disparate Treatment Scenarios Age-Specific Disparate Treatment Scenarios
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Age Difference Age Difference
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Same Actor Defense Same Actor Defense
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Reductions-in-Force (RIFs) Reductions-in-Force (RIFs)
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Reorganization Schemes Reorganization Schemes
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Age-Based Derogatory Remarks Age-Based Derogatory Remarks
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Summary Summary
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Adverse Impact Theory in the ADEA Adverse Impact Theory in the ADEA
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Title VII Adverse Impact Rules Title VII Adverse Impact Rules
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Early ADEA Adverse Impact Rulings Early ADEA Adverse Impact Rulings
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The Smith and Meacham Rulings The Smith and Meacham Rulings
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Summary Summary
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Facial Discrimination in Hiring and Termination Facial Discrimination in Hiring and Termination
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Summary Summary
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Facial Discrimination in Benefits Facial Discrimination in Benefits
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Summary Summary
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Early Retirement and Voluntary Waivers Early Retirement and Voluntary Waivers
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Prior Case Law on Early Retirement Prior Case Law on Early Retirement
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Prior Case Law on Voluntary Waivers Prior Case Law on Voluntary Waivers
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Title II of the OWPBA Title II of the OWPBA
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Summary Summary
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Recommendations for Fairness and Compliance Recommendations for Fairness and Compliance
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Ageism and Fairness Ageism and Fairness
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Reductions-in-Force Reductions-in-Force
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Conclusions and Future Directions Conclusions and Future Directions
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Related Chapters Related Chapters
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Case Law Citations Case Law Citations
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Further Readings Further Readings
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References References
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Notes Notes
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Glossary of Abbreviations Glossary of Abbreviations
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32 Age-Based Laws, Rules, and Regulations in the United States
Get accessArthur Gutman, College of Psychology and Liberal Arts, Florida Institute of Technology, Melbourne, FL
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Published:18 September 2012
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Abstract
Statutory, judicial, and regulatory law in the United States serves as a model for other countries as regards workplace discrimination based on race, ethnicity, gender, disability, and age. This chapter focuses on the Age Discrimination in Employment Act of 1967 (ADEA) and related statutes. Case law related to disparate treatment, adverse impact, and facial discrimination against older workers is surveyed, particularly as relates to hiring and termination of individuals, maximum hiring and retirement, discrimination in health and retirement benefits, and reductions-in-force (RIFs). Recommendations are provided for correcting false ageist attitudes among front-line employers, managers, and supervisors; for conducting fair and efficient performance appraisals of workers of all ages; and for applying a specific strategy for conducting a fair and legal RIF.
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