'Individuals' terminology puts end to age bias suit

Lawyers' Forum

By Joe Gagliardo and Brian Jackson

Joe Gagliardo and Brian Jackson are lawyers at Laner Muchin Ltd.

Posted February 4, 2019 8:54 AM

Section 623(a)(1) of the Age Discrimination in Employment Act contains protections against employment practices that are facially discriminatory when applied to “individuals” who are 40 years of age or older — practices that result in disparate treatment.And, Section 623(a)(2) of the age discrimination act (29 U.S.C.S. Section 623(a)(2)) contains protections against employment practices that are fair in form but discriminatory in practice when applied to “employees” who are 40 years of age or …

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