Full Citation
Title: The ADEA at the Intersection of Age and Race
Citation Type: Journal Article
Publication Year: 2019
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Abstract: As the population of older Americans grows larger and more diverse, there is a growing need for stronger legal protection against labor market discrimination targeting this group. This paper discusses the existence and effect of such labor market discrimination against older minority workers in the United States and explains how the Age Discrimination in Employment Act (ADEA) fails to adequately protect such workers. Older minority Americans may face labor market discrimination due to their age, their race, and the combination of those two factors. However, the ADEA is not designed to protect against discrimination at the intersection of multiple identities. Although minorities have brought an increasing proportion of age discrimination claims and an increasing number of cases allege multiple bases of discrimination, plaintiffs face legal barriers and a low success rate. The ADEA specifically limits enforcement on claims where age constitutes one of multiple factors, rather than the only factor, leading to an adverse employment action, meaning that the law does not support combined age and race claims. However, other federal and state laws protecting against age discrimination may provide better relief for older minorities facing age and race discrimination.
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Authors: Delaney, Nicole; Lahey, Joanna N.
Periodical (Full): Berkeley Journal of Employment & Labor Law
Issue: 1
Volume: 40
Pages: 61-90
Data Collections: IPUMS CPS
Topics: Race and Ethnicity
Countries: United States