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Civil Rights and Discrimination

Cleveland State University

Age Discrimination in Employment Act

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Full-Text Articles in Law

Supreme Court Watch, Reginald Oh Jul 2004

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.


Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker Jan 1998

Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker

Law Faculty Articles and Essays

Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.


The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere Jan 1993

The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere

Cleveland State Law Review

The purpose of this Article is to review recent Supreme Court "guidance" on standards for summary judgment and directed verdict and the effect these decisions are having upon ADEA cases.


Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein Jan 1992

Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein

Cleveland State Law Review

This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.