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No Country For Old Men?: The Non-Preclusive Effect Of The Age Discrimination In Employment Act On § 1983 Age Discrimination Claims, Lauren Tauro
St. John's Law Review
(Excerpt)
This Note argues that the ADEA should not be interpreted to preclude § 1983 constitutional claims for age discrimination in employment. Part I of this Note discusses the history and development of the statutory schemes that provide protection for employees against age discrimination in the workplace: § 1983 of the Civil Rights Act and the ADEA. Part II reviews relevant case law explaining the arguments for and against § 1983 preclusion to illustrate the interaction between § 1983 and the ADEA. Finally, Part III provides an equitable approach for courts to use to analyze § 1983 claims for age …