Reasonable Factors Other than Age: The Emerging Specter of Ageist Stereotypes
45 Pages Posted: 4 Nov 2014
Date Written: 2009
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
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