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40 Berkeley J. Emp. & Lab. L. 91 (2019)
It's Unlawful Age Discrimination - Not the Natural Order of the Workplace

handle is hein.journals/berkjemp40 and id is 99 raw text is: It's Unlawful Age Discrimination- Not the Natural Order of The Workplace! Cathy Ventrell-Monseest Ageism is the last acceptable prejudice in America.-Bill Maher' I. IN TRODUCTION .................................................................................... 92 II. STUCK IN A 1960s FRAMEWORK THAT VIEWS AGE DISCRIMINATION AS DIFFERENT AND ACCEPTABLE ................................................ 95 A. Outdated Views of Age and Aging ......................................... 95 B. Outdated Views of the Natural Order of the Workplace ...... 98 C. Outdated View of Discrimination .............................................. 103 D. Congress Designed the ADEA to Ensure Robust Enforcement and Protections Mirroring Title VII .................. 107 1. Congress Chose the DOL to Enforce the ADEA to Provide Robust Enforcement ........................................... 107 2. The ADEA's Prohibitions are In Haec Verba to Title V il's Prohibitions ............................................................. 108 III. JUDGE-MADE RULES INFERRING No DiSCRIMINAATION PREMISED ON OUTDATED AND FLAWED ASSUMPTIONS ABOUT OLDER WORKERS AND How BIAS OPERATES ........................................... 110 DOI: https://doi.org/10.15779/Z382805000 t. Cathy Ventrell-Monsees is the co-author of AGE DISCRIMINATION LITIGATION (James Publishing 2018). She was significantly involved in most of the ADEA cases before the U.S. Supreme Court and amendments to the ADEA for the past 30 years. She directed the litigation program at AARP for 13 years. She is currently a senior advisor to Acting EEOC Chair Victoria A. Lipnic. She is the primary drafter of The State of Age Discrimination and Older Workers in the US 50 Years After the Age Discrimination in Employment Act issued by EEOC Acting Chair Lipnic in June 2018. This article presents the author's personal views and does not represent the views of the U.S. Equal Employment Opportunity Commission. 1. Real Time with Bill Maher: Ageism: The Last Acceptable Prejudice in America (HBO television broadcast Nov. 7, 2017), https://www.youtube.com/watch?v=0kWaKhrpa28.

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