Case Analysis

Chapter 12

 

The Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment on the basis of age.

 

Age applies to individual who are 40 years old or older.

 

Individual who are not yet 40 years old are not protected by the Act and they may be discriminated against on the basis of their age.

 

Proving Discrimination

An employee must establish a prima facie case of disparate treatment by establishing the following 4 elements:

1. The employee is in the protected class

2. She/He was terminated or demoted; or suffered an adverse employment action.

3. The employee was doing his/her job well enough to meet her employer’s legitimate expectations; and

4. Others not in the protected class were treated more favorably.

 

Employer’s defense: 1. BFOQ

2. Bona Fide Seniority System

3. Good Cause

There is no mandatory retirement.

 

RFOA = Reasonable factor other than age

 

The Act applies to employment by public and private employers and by unions and employment agencies, as well as by foreign companies with more than 20 workers located in United States

 

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