Reasonable Factors Other than Age: The Emerging Specter of Ageist Stereotypes

45 Pages Posted: 4 Nov 2014

See all articles by Judith J. Johnson

Judith J. Johnson

Mississippi College - School of Law

Date Written: 2009

Abstract

This article will examine the possible meanings of “reasonable factors other than age” and suggest a solution. Part II will briefly describe the ADEA generally. Part III will examine the recent Supreme Court cases that have addressed RFOA. Part IV will explore the possible meanings of RFOA by reviewing the hierarchy of employment discrimination defenses. Part V will fit RFOA into the hierarchy and investigate recent judicial interpretations. Part VI will explain the solution, which is to require employers to justify criteria that obviously impact older workers, such as seniority and higher salary. Part VII will conclude.

Keywords: RFOA, Age Discrimination, Ageism, ADEA

Suggested Citation

Johnson, Judith J., Reasonable Factors Other than Age: The Emerging Specter of Ageist Stereotypes (2009). Seattle University Law Review, Vol. 33, p.49, 2009; Mississippi College School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2518553

Judith J. Johnson (Contact Author)

Mississippi College - School of Law ( email )

151 East Griffith Street
Jackson, MS 39201
United States

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