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Civil Rights and Discrimination

Akron Law Review

2015

Age discrimination

Articles 1 - 2 of 2

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Seniority Systems And Title Vii, Arthur J. Marinelli Jul 2015

Seniority Systems And Title Vii, Arthur J. Marinelli

Akron Law Review

Seniority provisions frequently work to the disadvantage of minorities because earlier employment discrimination, prior to the passage of the Civil Rights Act of 1964,1 leaves them with fewer years of service. A conflict is thus created between the tradition of seniority and the goals of equal opportunity and affirmative action. The applicability of Title VII to seniority systems and the affirmative action tools for achieving the national policy of equal opportunity will be the focus of this article.


Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas Jul 2015

Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas

Akron Law Review

This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.