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Downsizing the Age Discrimination in Employment Act: The Availability of Disparate Impact Liability

Brendan Joseph Sweeney

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Abstract

Since the passage of the Age Discrimination in Employment Act of 1967 (ADEA),I age discrimination has progressively gained attention in the courts and in the popular media. 2 When an employer terminates or fails to hire a worker who is over forty because of the employer's belief that older workers are slower, more expensive or close-minded, the employer commits an illegal act.3 The illegality of such an act is as clear as the ille-1.Pub.L. No. 90-202, 81 Stat.602 (1967) (codified as amended at 29 U.S.C.

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Since the passage of the Age Discrimination in Employment Act of 1967 (ADEA),I age discrimination has progressively gained attention in the courts and in the popular media. 2 When an employer terminates or fails to hire a worker who is over forty because of the employer's belief that older workers are slower, more expensive or close-minded, the employer commits an illegal act.3 The illegality of such an act is as clear as the ille-1.Pub.L. No. 90-202, 81 Stat.602 (1967) (codified as amended at 29 U.S.C.

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Available abstract

Since the passage of the Age Discrimination in Employment Act of 1967 (ADEA),I age discrimination has progressively gained attention in the courts and in the popular media. 2 When an employer terminates or fails to hire a worker who is over forty because of the employer's belief that older workers are slower, more expensive or close-minded, the employer commits an illegal act.3 The illegality of such an act is as clear as the ille-1.Pub.L. No. 90-202, 81 Stat.602 (1967) (codified as amended at 29 U.S.C.

Key concepts: Disparate impact, Age discrimination, Liability, Disparate treatment, Employment discrimination, Fair Housing Act, False Claims Act, Law

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