The Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits discrimination by employers, employment agencies, and labor organizations against any person “because of such individual’s age” in the terms, conditions, or privileges of employment. The ADEA applies to all employees age 40 or over, with no maximum age limitation. Notably, the ADEA specifically prohibits discrimination between employees within the protected age group as long as the disfavored employee is “significantly” or “substantially” older than the favored worker.

This chapter from Employee Rights Litigation: Pleading and Practice (Matthew Bender) provides a comprehensive overview of the ADEA. The discussion initially addresses administrative procedures that serve as prerequisites to civil actions, as well as filing complaints with the Equal Employment Opportunity Commission (“EEOC”) and comparable state agencies. Next, the chapter turns to basic legal theories relating to age discrimination, including disparate treatment and disparate impact. The discussion continues with coverage of statutory defenses and exclusions; bona fide occupational qualifications (“BFOQ”); and the good faith defense set forth at Section 7(e) of the ADEA. In addition, the discussion covers pre-trial motions; motions in limine; expert testimony; class actions; remedies; and recovery of attorneys’ fees. The chapter concludes by providing a comprehensive library of sample forms.

Employee Rights Litigation: Pleading and Practice (Matthew Bender) provides complete coverage of the basic legal standards governing the statutory and common law claims that can be raised on behalf of employees for discriminatory treatment or wrongful discharge. It contains analysis of Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Equal Pay Act, Rehabilitation Act, Americans with Disabilities Act, Family and Medical Leave Act, ERISA, Labor-Management Reporting and Disclosure Act, Fair Labor Standards Act, Worker Adjustment and Retraining Notification Act, and workers’ compensation laws. The publication also assists the practitioner with helpful checklists, practice pointers, cautions and warnings, citations to significant cases, and a statutory appendix.

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