16 Emp. Rts. & Emp. Pol'y J. 13 (2012)
Reforming the Age Discrimination in Employment Act: Proposals and Prospects

handle is hein.journals/emplrght16 and id is 21 raw text is: 








        REFORMING THE AGE DISCRIMINATION IN
     EMPLOYMENT ACT: PROPOSALS AND PROSPECTS

                               BY
                      MICHAEL   C. HARPER*


    I. INTRODUCTION  - THE IMPORTANCE OF   AGE
           DISCRIMINATION.............................13
    II. A REFORM AGENDA                     ....................................22
      A.  Closing the Title VII Gap.....................22
          1. Providing for Compensatory and Punitive Damag-
             es    .......................................22
          2. Providing for Rule 23 ADEA  Class Actions.............26
          3. Providing an Equivalent Disparate Impact Cause
             of Action        ............................ .....30
          4. Providing an Equivalent Causation Test for Dis-
             parate Treatment Liability      .........   ...........36
      B.  Encouraging the Fuller Employment of Older Workers .....39
          1. Qualifying the Cost Justification for Age Discrimi-
             natory Effects ..............................42
          2. Insulating Employers from Discrimination Litiga-
             tion During a Probationary Period for Older
             Workers                         ..................................45
 III. CONCLUSION...........................................49


 I. INTRODUCTION   - THE IMPORTANCE   OF AGE  DISCRIMINATION

    As  the baby-boom  generation, persons born between 1946 and
1964,' continues to age, so does the potential American labor force.


    * Professor of Law and Barreca Labor Relations Scholar, Boston University School of
Law. I wish to thank Robin Koshy, Jack Prior and Michaela May for research assistance. This
article is a revision of an article previously published as Chapter 14 in LABOR AND
EMPLOYMENT LAW  INITIATIVES AND PROPOSALS IN THE OBAMA ADMINISTRATION:
PROCEEDINGS OF NEW YORK UNIVERSITY'S 62D ANNUAL CONFERENCE ON LABOR (2011).
    1. Mitra Toossi, Labor Force Projections to 2020: A More Slowly Growing Workforce,
MONTHLY LAB. REV., Jan. 2012, at 43.


13

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?