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Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Fordham Urban Law Journal
Troubled economic conditions exacerbate acts of employment discrimination. It is a common concern that employers will replace their older, more expensive workers with younger employees who will work at lower salaries. The Age Discrimination in Employment Act ("ADEA") was enacted by Congress to combat age discrimination against workers forty years of age and over. This Note focuses on one issue that has arisen out of the ADEA -- employers' use of waivers through which employees agree to release employers from any age discrimination claims in exchange for additional severance pay and benefits. Specifically, this Note analyzes whether an employee who …
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
Fordham Urban Law Journal
The Note argues that a standard is needed to judge the "voluntariness" of early retirement incentives under the Age Discrimination in Employment Act. It examines the need for clear guidelines to evaluate the voluntariness of early retirement incentives in light of their increasing use in a society that is growing older and retiring earlier. The author discusses the aims and prohibitions of ADEA, and the procedure by which plaintiffs can establish a prima facie case of age discrimination. The author proposes that the "knowing and voluntary" standard used to determine the validity of common law releases of duty serves as …