Rehabilitate the Age Discrimination in Employment Act: Resusciate the 'Reasonable Factors Other than Age' Defense and the Disparate Impact Theory

51 Pages Posted: 4 Nov 2014

See all articles by Judith J. Johnson

Judith J. Johnson

Mississippi College - School of Law

Date Written: June 2004

Abstract

This article will describe the ADEA generally in Section II. Section III will discuss how the ADEA was interpreted before Hazen Paper and will discuss the Hazen Paper case in Section IV. Section V will explore the lower court opinions interpreting the ADEA since Hazen Paper and why these courts hold that the disparate impact theory should not apply. Section VI will sample recent lower court cases illustrating the effect on recent ADEA decisions stemming from not applying the disparate impact theory and RFOA. Section VII will analyze and suggest the proper interpretation of RFOA and the application of the disparate impact theory to the ADEA as the solution to preventing the unjustified use of age-correlated factors.

Keywords: ADEA, Age Discrimination, Disparate Impact Theory

Suggested Citation

Johnson, Judith J., Rehabilitate the Age Discrimination in Employment Act: Resusciate the 'Reasonable Factors Other than Age' Defense and the Disparate Impact Theory (June 2004). Hastings Law Journal, Vol. 55, p. 1399, 2004; Mississippi College School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2518526

Judith J. Johnson (Contact Author)

Mississippi College - School of Law ( email )

151 East Griffith Street
Jackson, MS 39201
United States

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