Age Discrimination Case Law

Age Discrimination Case Law

General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004) 124 S.Ct. 1236

The Age Discrimination in Employment Act of 1967 does not forbid favoring the young over the old, but it does prohibit having a discriminatory preference for the young over the old.

Slather v. Sather Trucking Corporation (8th Cir. 1996) 78 F3d 415

Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more people who are older, if there is no intentional age discrimination. But the employer cannot have a hidden agenda and lay off people with more experience or higher salary just for the purpose of laying off older workers.

Gilmer v. Interstate/Johnson Lane Corporation (1991) 500 US 20, 111 S.Ct. 1647

Valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought under the ADEA.

Blakeney v. Lomas Information Systems, Inc. (5th Cir. 1995) 65 F3d 482

Employers may enforce waivers of age discrimination claims made without EEOC or court approval if the waiver is "knowing or voluntary."

Crawford v. Medina General Hospital (6th Cir. 1996) 96 F3d 830

One of the three types of age-related employment discrimination that may be alleged: Age-Based Harassment - refers to the creation of a hostile work environment that has the effect of unreasonably interfering with his or her work performance.

Griggs v. Duke Power Co. (1971) 401 US 424, 91 S.Ct 849

One type of age-related employment discrimination that may be alleged: Discrimination by Disparate Impact - a facially neutral employment policy adversely affects the members of a protected group. Focuses on the consequences of an employment practice, not the purpose or motive. An employer cannot require that an employee or an applicant pass a standardized general intelligence test as a condition of employment, where the test has an adverse impact on African-Americans and was not job-related.

Reeves v. Sanderson Plumbing Products, Inc. (2000) 530 US 133, 120 S.Ct. 2097

One of the three types of age-related employment discrimination: Discrimination by Disparate Treatment - less favorable treatment with a discriminatory motive

Mahoney v. RFE/RL, Inc (DC Cir. 1994) 47 F3d 447

The ADEA protects US Citizens working for US employers operating abroad except where it would violate the laws of that country MAHONEY v. RFE/RL, INC., 47 F.3d 447 (D.C. Cir. 1995) WILLIAM G. MAHONEY, ROY S. De LON, APPELLEES v. RFE/RL, INC., APPELLANT. Nos. 93-7134, 93-7144. United States Court of Appeals, District of Columbia Circuit. Argued November 23, 1994.

Morelli v. Cedel (2nd Cir. 1998) 141 F3d 39, 45

The ADEA applies even if some of the minimum 20 employees are overseas and working for a US Corporation. In a foreign company with foreign operation, if there is an American employer behind the scenes, the ADEA applies to US Citizens outside the US. Foreign companies and their subsidiaries operating in the US are subject to the ADEA.MORELLI v. CEDEL, 141 F.3d 39 (2nd Cir. 1998)

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