Age Discrimination in Employment Law, Third Edition


Discrimination in Employment Law arms practitioners with winning strategies and detailed analysis. Written from an unbiased perspective by some of the major synthesizers of employment discrimination law today, Age Discrimination in Employment Law leads the dialogue in this volatile field. 

The Third Edition of this treatise explores the breadth of ADEA law, breaking it down for easier understanding and application. Highlights include:

  • Description of the evolving role of the EEOC and EEOC litigation
  • Analysis of the increasing role of arbitration agreements in resolving age discrimination disputes, including those involving class action waivers
  • Explanation of how appellate courts continue to define the "but for" causation standard and how the standard differs from Title VII and ADA practice
  • Analysis of the latest decisions and regulations on the "reasonable factor other than age" defense
  • Continuing developments regarding the process for bringing and defending collective actions
  • The impact of the EEOC’s 2016 Enforcement Guidance on Retaliation and Related Issues to ADEA cases
  • The right of applicants to bring a disparate impact claim in light of Villarreal v. R.J. Reynolds Tobacco Company

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Ch. 1. Overview and History

Ch. 2. Persons Protected Under the ADEA

Ch. 3. Against Whom a Charge May Be Filed Under the ADEA

Ch. 4. Defining Age

Ch. 5. Terms and Conditions of Employment

Ch. 6. Mandatory Retirement

Ch. 7. Reductions in Force

Ch. 8. Harassment

Ch. 9. Discharge

Ch. 10. Retaliation

Ch. 11. Disparate Treatment

Ch. 12. Adverse Impact

Ch. 13. EEOC Structure, Jurisdiction, and Process

Ch. 14. Timeliness and Sufficiency of ADEA Administrative Charges

Ch. 15. Judicial Jurisdiction, Timeliness, and Venue

Ch. 16. Evidence

Ch. 17. Summary Judgment

Ch. 18. Jury Trials

Ch. 19. Expert Witnesses

Ch. 20. Affirmative and Other Defenses

Ch. 21. EEOC Litigation

Ch. 22. Public Employee Litigation

Ch. 23. Collective Actions

Ch. 24. Settlement and Release

Ch. 25. Arbitration of ADEA Actions

Ch. 26. Alternative Avenues for Relief

Ch. 27. Remedies

Appendices: Age Discrimination in Employment Act, EEOC Regulations and Guidances, Government Employee Rights Act of 1991, Sample Release Forms, Revenue Rulings, EEOC Report: The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act

Table of Cases


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