Abstract

Jacob Javits, one of this nation's senior congressmen has observed: "Youth is a state of mind. People are only as old as their doubts, their lack of confidence, their fears and despair." Sentiments like these prompted the passage of the Age Discrimination in Employment Act [ADEA] in 1968. The ADEA is Congress' response to the dilemma older workers face in their efforts to find and keep jobs, a dilemma caused by the assumed inability of the elderly to cope with employment. Its statutory purpose is to promote "employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment."

This Note will first provide a brief overview of the ADEA, emphasizing prohibited employment practices, litigation procedures, and remedial measures for violations of the Act. Second, problems typically faced in ADEA litigation will be explored. Particular attention will be devoted to the employee's burden of proof in establishing a prima facie case, and the statutory defenses available to employers will be reviewed. Because of the many similarities between the ADEA and Title VII of the Civil Rights Act of 1964, Title VII precedent will be considered when appropriate.

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