ARTICLE: The Application of the Age Discrimination in Employment Act to Persons over Seventy. * Skip over navigation
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Copyright (c) 1989 The George Washington Law Review
The George Washington Law Review

ARTICLE: The Application of the Age Discrimination in Employment Act to Persons over Seventy. *

* Copyright 1989 by Charles B. Craver.

November, 1989 / January, 1990

58 Geo. Wash. L. Rev. 52


Charles B. Craver **


John Q. Acme, III, speaking at the Acme Company banquet:

Henry Arbeit has been with Acme for fifty years. He has been an outstanding employee and receives the highest salary in his department. During the past five years, however, he has slowed down somewhat. When Acme was reorganized three years ago in an effort to reduce labor costs, Henry resisted some of the new job tasks assigned to him. When we automated his department two years ago, he did not adapt to the new technology as readily as his younger colleagues. Last year, Henry refused to accept the generous voluntary retirement incentives we offered him.

We have really enjoyed working with you, Henry. Here is a gold watch to celebrate your golden anniversary with Acme. We hope that your future years will be productive and rewarding. You're fired!

Such fictional accounts are likely to occur in actual employment settings with increased frequency during the next several decades. Such events will often be followed by the filing of law suits alleging impermissible age discrimination. The unceremoniously dismissed individuals will normally seek reinstatement to their former positions, back pay, compensatory damages, liquidated damages, and attorneys' fees. They will usually demand jury trials in an effort to obtain hearings before sympathetic panels comprised of their peers. Employers will find it costly and difficult to defend such law suits. This Article explores the potential legal problems that will confront business entities with respect to their personnel decisions affecting individuals over seventy.

I. Introduction ...
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