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A New Split On Old Age: Preclusion Of § 1983 Claims And The Adea, Emer M. Stack
A New Split On Old Age: Preclusion Of § 1983 Claims And The Adea, Emer M. Stack
Fordham Law Review
In 1967, Congress enacted the Age Discrimination in Employment Act (ADEA) to combat employer bias against older workers and to reject the idea that the job performance of all employees declines with age. The ADEA provides a statutory scheme for addressing age discrimination against employees aged forty years and older. Some older workers, however, have turned instead to the Equal Protection Clause of the Fourteenth Amendment, using § 1983 claims as a means of relief.
A six–to–one circuit split has emerged as to whether the ADEA is the exclusive remedy for age discrimination or whether an aggrieved older worker can …