Deck 6: Age Discrimination in Employment Act of 1967

Question 1

What defines the ADEA protected class both in terms of how it is stated for ADEA (give lower and upper limits) and how it is operationalized (i.e., what the court looks at)?

Answer 1

The Age Discrimination in Employment Act ADEA protects employees 40 years of age and above There is no maximum age limit However, when the ADEA was enacted, it had a maximum age limit of 65 This limit was then raised to 70 in 1984, and was finally completely eliminated in 1987The age class is not dichotomous/categorical; it is continuous The courts look for a substantial age difference between a discharged individual and their replacement, when determining age discrimination Discrimination does not have to be a preference for someone outside the class over someone in the protected class; the favored individual can be 40 years old or older, as long as they are substantially younger than the plaintiff Although the minimum average difference in age is about 8 to 10 years, there is not a strict standard when determining whether the age difference is substantial This can vary, as some cases have been ruled in favor of the plaintiff with only 1 year of age-difference between the two The courts evaluate each case on an individual basis to determine if discrimination has occurred

Question 2

What are the covered entities and the minimum number of employees to be covered by the ADEA?

Answer 2

Covered entities under the ADEA include public, private, local, and federal entities with 20 or more employees The EEOC retained the right to sue state agencies on behalf of private citizens In addition, employment agencies and unions with 25 or more employees are covered In addition, coverage of the ADEA extended to overseas subsidiaries of American companies by the 1984 Amendment There are not statutory exemptions for Indian reservations or religious organizations

Question 3

What are the covered practices?

Answer 3

The ADEA covers several employment practices First, the ADEA uses Title VII language tocover nondiscrimination, which includes 1 terms, conditions, and privileges; 2 segregation and classification; and 3 retaliation In addition, the ADEA guarantees pension contributions for those employees choosing to work beyond 65 years of age The Older Worker Benefit Protection Act OWBPA protects older workers from facial discrimination in benefit packages, early retirement packages, and voluntary waivers of ADEA rights

Question 4

Identify and explain the three exemptions to ADEA that permit discrimination based on age.

Question 5

a) The time limits for filing with EEOC are ______ days in deferral states and ______ days in non-deferral states.
b) The EEOC has ______ days to mediate and conciliate an ADEA claim.

Question 6

What are the FLSA remedies available under ADEA?

Question 7

Judicial scenarios:
a) What are the four steps in prima facie discharge?
b) What are the three phases of individual disparate treatment claims?
c) What are the four common age-specific factors that require alterations in how the McDonnell-Burdine criteria are evaluated, and what is the change to the scenario for each
factor?

Question 8

What are the five statutory defenses in ADEA cases and when are they likely to be used (i.e., based on how they have fared in court)? (NOTE: need to consolidate information throughout chapter to answer this question.)

Question 9

What is the difference between the adverse impact scenario under Title VII and under ADEA?

Question 10

What is after-acquired evidence and what role does it play in a determination of illegal discrimination?

Question 11

How does the OWBPA address voluntary waiver of ADEA rights?

Question 12

Why did Congress not include age as a protected class in the original Title VII statute?

Question 13

What are some of the major Supreme Court rulings that have shaped ADEA case law since 2000?

Question 14

Which ADEA dimensions are influenced by FLSA traditions, and which ADEA dimensions are influenced by Title VII traditions?

Question 15

What is unique about the definition of the ADEA protected class in comparison with the Title VII protected classes?

Question 16

Under what conditions does the McDonnell-Burdine scenario follow the same principles as in Title VII?

Question 17

What are some of the variations in McDonnell-Burdine scenario that are a function of age specific variables?

Question 18

What was the Supreme Court ruling in Gross v. FBL (2009) in relation to the mixed-motive scenario?

Question 19

What are the similarities between Title VII and the ADEA with respect to pattern or practice and hostile harassment lawsuits?

Question 20

Why are Good Cause and RFOA statutory defenses rarely used in ADEA disparate treatment claims?

Question 21

What was the historical trend for ADEA adverse impact cases?

Question 22

What changes in ADEA adverse impact cases were ushered in by the Supreme Court rulings in Smith v. City of Jackson (2005) and Meacham v. KAPL (2008)?

Question 23

Why is the BFSS defense rarely used in ADEA cases?

Question 24

What are the similarities between Title VII and the ADEA with respect to BFOQ claims?

Question 25

What is the BFBP defense, and under what conditions are employers permitted to discriminate in benefits based on age?

Question 26

What are the implications of Title I of the OWBPA for voluntary early retirement packages?

Question 27

What are the implications of Title II of the OWBPA for voluntary waiver of ADEA rights?

Question 28

What are the implications of the case law surveyed in this chapter for advertisements and employment applications, the BFOQ defense, and discharge scenarios?

Question 29

What are the implications of the case law surveyed in this chapter for recruitment and selection, performance evaluation, RIFs, and related considerations?