Ageism: A Powerful Nemesis for Effective Workplace Discrimination Law

Abstract

Ageism is a powerful force in American life, and it includes not only biased actions directed against older people but also a wide range of harmful attitudes and stereotypes. Ironically, ageism even limits what law and legal institutions might accomplish in countering the growing problem of age discrimination in the workplace. This article underscores the weaknesses of the Age Discrimination in Employment Act (ADEA), the nation’s most important statute regarding age discrimination and also the appellate case law interpreting that statue. The article then critiques the dismissal by the Equal Employment Opportunity Commission (EEOC) of the great majority of employees’ claims that they have suffered age discrimination. Overall, the article argues that legislators, the U.S. Supreme Court, administrative law judges, and Americans in general must fully appreciate the subtle, complex, and pervasive workings of ageism in order to successfully shape and use age discrimination law to reduce the harm being done to older employees.

Keywords: ageism, Age Discrimination in Employment Act, buyouts, discrimination in the workplace, early retirement, Equal Employment Opportunity Commission