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
Date Written: June 2004
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
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