This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.
Thomas, Maxine S.
"Mandatory Retirement and Impact Discrimination Under the Age Discrimination in Employment Act: You'll Get Yours When You're 70,"
Akron Law Review: Vol. 17:
1, Article 5.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol17/iss1/5