The age discrimination in employment act: a review of court decisions

Over 600 federal court cases filed between 1970 and 1986 were reviewed in an attempt to discover the major themes and issues. Over all personnel decisions the employer was consistently favored (65%). Performance evidence was central to all cases reviewed. Subjective appraisals were often presented by management and were not considered suspect by the courts. Evidence of management's concern over the age of the workforce (e.g., economic costs and stereotypic beliefs) was also probative. Statistical evidence was presented in a majority of cases. However, inaccurate data and inappropriate comparisons negated its value. Most cases involved a termination or reduction in workforce decision (54%), but the most controversial area involved BFOQ's. A three-part sequential inquiry was proposed that would attempt to clear up these issues. Recent legal refinements may ease the plaintiff's burden in establishing a prima facie case of discrimination. Current techniques from the fields of industrial gerontology and industrial psychology may help clarify inconsistencies in court decisions.