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date: 20 September 2020

Abstract and Keywords

Statutory, judicial, and regulatory law in the United States serves as a model for other countries as regards workplace discrimination based on race, ethnicity, gender, disability, and age. This chapter focuses on the Age Discrimination in Employment Act of 1967 (ADEA) and related statutes. Case law related to disparate treatment, adverse impact, and facial discrimination against older workers is surveyed, particularly as relates to hiring and termination of individuals, maximum hiring and retirement, discrimination in health and retirement benefits, and reductions-in-force (RIFs). Recommendations are provided for correcting false ageist attitudes among front-line employers, managers, and supervisors; for conducting fair and efficient performance appraisals of workers of all ages; and for applying a specific strategy for conducting a fair and legal RIF.

Keywords: Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), healthcare benefits, retirement benefits, early retirement, reduction-in-force, voluntary waivers

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