ADEA, Age

Question 1

Applies to?

Answer 1

#s LEAD Aging for All of us.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
ADEA
All public ERs.

Question 2

Who administers?

Answer 2

EEOC

Question 3

What does ADEA protect?

Answer 3

Applicants [except disparate treatment] & Employees
40 y.o.a.

Question 4

What 2 types of claims are under ADEA?

Answer 4

Discrim + Harassment

Question 5

Pre-Reqs

Answer 5

300 + (can sue after 60) + 90

Question 6

Do you need a rt to sue ltr?

Answer 6

Old guy (40-60 yrs old) should not wait too long.
———-
Can sue 60 days after filing claim w/o waiting for ltr from EEOC.

Question 7

Can you sue an indiv?

Answer 7

No.

Question 8

Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

Answer 8

YES. But for. UNIQUE.
———–
But for our #s being Old + Disabled, we’d Retaliate.
———–
ADEA, ADA + 1981 + retaliation

Question 9

Burden

Answer 9

1 step. But for age.
———–
But for being Old, 1981 Disabled Retaliated.

Question 10

4 Defenses

Answer 10

old BOSses DIe
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.

Question 11

What 6 items of damages are available?

Answer 11

Liquidated (amt of back pay) if willful + JEFF’s Lost Benes.
1. Liquid
2. Jury trial.
3. Equitable relief.
4. Front pay (if can’t reinstate)/Back pay
5. Fees (atty) + C
6. Lost benes.

Question 12

What other theories of recovery offer ADEA’s damages?

Answer 12

All #s + A.M. ALE
———–
1981, 1983, 1985
[A.M. ALE - drinking in the a.m.? that’s a lot of liquid]
Adea
fMla (3 yrs) + interest
Ada
fLsa (3 yrs)
Epa (3 yrs)