Derogatory Remarks as Evidence of Discrimination under the Age Discrimination in Employment Act of 1967

Cavaliere, Frank J.
November 1993
Labor Law Journal;Nov93, Vol. 44 Issue 11, p664
Academic Journal
The discussion has presented an often contradictory picture of the significance of age related derogatory remarks in the Age Discrimination in Employment Act of 1967 (ADEA). The ADEA is a major source of federal litigation that has been called the successor to the civil rights suit and the sexual harassment suit as the major preoccupation of corporate labor attorneys. Until the passage of the Civil Rights Act of 1991, however, the age discrimination suit differed from those other causes of action based on Title VII of the Civil Rights Act of 1964 in that only the ADEA permitted a jury trial. The law aims to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment, and to help employers and workers find ways of meeting problems arising from the impact of age on employment. This law makes it unlawful to age or older with respect to compensation, terms, conditions or privileges of employment because of such individual's age. The law, however, provides some fairly liberal exemptions that are not always applicable in Title VII cases. The article discusses several cases involving derogatory remarks as evidence of ADEA.


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