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Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player
Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player
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The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …
Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben
Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben
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In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.