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Full-Text Articles in Law
Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper
Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper
Faculty Scholarship
The theses of this Article shall be developed in the following manner. Part I shall explain how conditional age-based exit incentive windows can be used by employers to achieve indirectly what the ADEA clearly prohibits when accomplished directly: the removal from employment of a group of employees chosen, at least in part, on the basis of their age. This Part further explains how this removal is accomplished by effectively inducing employees to waive prospectively their future ADEA protection. Part II analyzes the treatment of age-based conditional exit incentives by the courts before the passage of the OWBPA, stressing that the …
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
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 …