Journal article
Age Discrimination in Reduction-in-Force: The Metamorphosis of McDonnell Douglas Continues
Berkeley journal of employment and labor law, Vol.8(1), pp.46-67
1986
Abstract
An examination is made of the effects of the Age Discrimination in Employment Act of 1967 (ADEA) on the plight of the older worker in reduction-in-force cases. First, a brief overview of the ADEA is presented, followed by a discussion of the methods of proving an ADEA case. Since, for the most part, the courts have applied standards derived from the history of Title VII litigation, discussion is given to the standards advanced by Title VII decisions, including McDonnell Douglas Corp. versus Green. These standards are compared to ADEA cases. Finally, the problems particular to ADEA cases that arise as a result of reduction-in-force terminations are considered. The central issue appears to be whether an employer's decision to terminate can be justified in the absence of employee age as a determinative factor.
Details
- Title: Subtitle
- Age Discrimination in Reduction-in-Force: The Metamorphosis of McDonnell Douglas Continues
- Creators
- Duane ThompsonNancy HausermanJames Jordan
- Resource Type
- Journal article
- Publication Details
- Berkeley journal of employment and labor law, Vol.8(1), pp.46-67
- ISSN
- 1067-7666
- eISSN
- 2378-1882
- Publisher
- University of California - Berkeley, School of Law
- Language
- English
- Date published
- 1986
- Academic Unit
- Management and Entrepreneurship
- Record Identifier
- 9984963131402771
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