Book

Age Discrimination in Employment Law, Second Edition, with 2017 Cumulative Supplement

This treatise is the practitioner’s complete resource for bringing and defending age discrimination claims. This book covers essential information such as who is protected under the Age Discrimination in Employment Act, retaliation, hiring, and promotion, litigation strategies, reductions in force, and more.

             


Description

Age Discrimination in Employment Law arms practitioners with winning strategies and detailed analysis. Written from an unbiased perspective by some of the major synthesizers of employment discrimination law today, Age Discrimination in Employment Law leads the dialogue in this volatile field. 

The Second Edition of this treatise explores the breadth of ADEA law, breaking it down for easier understanding and application.  It includes:

  • Description of the evolving role of the EEOC and EEOC litigation
  • The increasing role of arbitrations in resolving age discrimination disputes
  • Analysis of the latest decisions and regulations on the "reasonable factor other than age" defense
  • Explanation of how appellate courts continue to handle the "but for" causation standard, including how the standard differs from Title VII and ADA practice
  • Appendices featuring the text of the Act, applicable regulations, revenue rulings, and sample release forms

SUPPLEMENT INFORMATION

The 2017 Cumulative Supplement updates the treatise with highlights including: 

  • The right of applicants to bring a disparate impact claim in light of Eleventh Circuit’s en banc decision in Villarreal v. R.J. Reynolds Tobacco Company
  • The ability of plaintiffs to bring disparate impact claims based on subgroups within the protected class
  • The meaning of the “honest and reasonable belief” defense
  • The impact of the EEOC’s 2016 Enforcement Guidance on Retaliation and Related Issues to ADEA cases
  • The Tenth Circuit’s decision that the Farragher/Ellerth defense applies in ADEA cases
  • Continuing development of the collective action process
  • Discussion of the allocation of proof in disparate treatment discharge cases
  • Possible impact of the EEOC’s proposed guidance on retaliation
  • Case of first impression expanding adverse impact/disparate impact claims to protect job applicants
  • Analysis of contexts in which “stray remarks” may be evaluated as evidence giving rise to an inference of discrimination
  • Evaluation of whether a plaintiff’s “belief” that employer was targeting older employees without supporting evidence can create a material issue of fact preventing summary judgment

SUMMARY OF CONTENTS

  • Overview and History
  • Persons Protected Under the ADEA
  • Against Whom a Charge May be Filed Under the ADEA
  • Defining Age
  • Terms and Conditions of Employment
  • Mandatory Retirement
  • Reductions in Force
  • Harassment
  • Discharge
  • Retaliation
  • Disparate Treatment
  • Adverse Impact
  • EEOC Structure, Jurisdiction, and Process
  • Timeliness and Sufficiency of ADEA Administrative Charges
  • Judicial Jurisdiction, Timeliness, and Venue
  • Evidence
  • Summary Judgment
  • Jury Trials
  • Expert Witnesses
  • Affirmative and Other Defenses
  • EEOC Litigation
  • Public Employee Litigation
  • Collective Actions
  • Settlement and Release
  • Labor Arbitration and Employment Arbitration
  • Alternative Avenues for Relief
  • Remedies

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Barbara T. Lindemann is formerly Of Counsel at Seyfarth Shaw, Los Angeles CA.

 

David D. Kadue is a partner at Seyfarth Shaw, Los Angeles CA.

 

Eric E. Kinder is a member at Spilman Thomas & Battle, PLLC, Charleston WV.

 

Eric W. Iskra is a member and Chair of the Labor and Employment Practice Group at Spilman Thomas & Battle, PLLC, Charleston WV.

 

Contents

 

Reviews

Read what others have to say about this Bloomberg BNA book.

“This book represents a monumental achievement in the field of age discrimination in employment and an indispensable resource to any attorney practicing in the field.”

Kendall F. Svengalis

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