Fed Regulation 8- Age Discrimination Act of 1975

Question 1

Age Discrimination Act of 1975

Answer 1

Age discrimination statute protects any person in the US on basis of age, from being excluded from participation in from any program or activity receiving federal financial assistance

Question 2

6 Questions

Answer 2

(1) What classes are protected?
Older or younger people

(2) What else is required for the protection to apply?
Nothing

(3) Who is obligated to comply with the protection?
Every place receiving federal funding

(4) Is there a private right of action?
Yes. Same as sandoval. Talking about people individually.

(5) Can a private plaintiff bring a claim under a disparate impact theory?
Tracks closely with Title VI. Doubtful that it would apply. Have to rely on agencies to bring the claim.

(6) What test is for causation is showed?
Not so clear. “On the basis of disability” → Title III of the ADA says “on the basis” of disability, that tracks with Title IX.
We think that “But For”causation is the standard here under civil litigation standard of preponderance of the evidence.