COURT'S OPINION: The United States Court of Appeals, Fifth Circuit, reversed the judgment of the lower court and remanded the case with instructions to reinstate the jury verdict as to the violation of the
ADEA and reinstate damages.
After all, the court pointed out, the county's wish to favor younger applicants was wholly rational, even if, thanks to the
ADEA, it was no longer allowed to act on that rational wish with respect to a wide sector of the work force.
However, once workers reach the mandatory retirement age, they would prefer to continue working at their current wage, and the
ADEA gives them the right to do so.
law and the circumstances that led Congress to apply the
ADEA and Title VII to U.
An employment agency's refusal to refer a qualified applicant because of the applicant's age is a plain violation of the
ADEA.
Moreover, an applicant for employment can sue for intentional discrimination because the
ADEA prohibits an employer from "failing or refusing" to hire any individual because of his or her age.
Currently, 8 dental hygiene leaders from the ADHA and
ADEA are part of a collaboration titled the
ADEA Curriculum Change and Innovation (
ADEA CCI) workgroup with the ADHA.
In 2012, the
ADEA formed the Commission on Change and Innovation in Dental Education (
ADEA CCI).
Section IV reviews the cases decided under the
ADEA since Gross and shows that, although some of the decisions may be inconsistent and confused, (18) the case law as a whole suggests a consistent and workable theme that can guide the future development of age discrimination law.
In this case, though the 7th Circuit said it was a "close call," the appeals court ultimately found that the
ADEA provides different protection than Section 1983 and affirmed the district court's decision.
In reaching this decision, the Court focused on the text of the
ADEA, which provides, in relevant part, that "[i]t shall be unlawful for an employer .
Require managers to sign a statement regarding the
ADEA and undergo EEOC training.
