Age Discrimination (ADEA)
Employment Law · Lesson 03
Age Discrimination (ADEA)
這一課問的是：僱主是否依年齡歧視員工，違反 ADEA？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the employer discriminated against the employee on the basis of age in violation of ADEA?
這一課問的是：僱主是否依年齡歧視員工，違反 ADEA？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
ADEA
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Age Discrimination in Employment Act — protects workers 40 and over.
ADEA。
protected age
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40 and over.
受保護年齡。
BFOQ
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Bona fide occupational qualification — narrow age-based defense.
BFOQ。
RFOA
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Reasonable factors other than age — disparate impact defense under ADEA.
RFOA。
Gross v. FBL
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ADEA requires "but-for" causation, not motivating factor.
Gross 標準。
waiver requirements
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OWBPA: special protections for ADEA waivers.
ADEA 放棄要件。
OWBPA
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Older Workers Benefit Protection Act.
OWBPA。
Issue · what this lesson is really about
Has the employer discriminated against the employee on the basis of age in violation of ADEA?
這一課問的是：僱主是否依年齡歧視員工，違反 ADEA？
Trigger words & phrases that should flag this issue:
older workerforced retirementyounger replacementover 40layoff
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State ADEA | ADEA prohibits age discrimination against workers 40 and older in hiring, firing, and other employment terms. | ADEA 禁對 40+ 員工之歧視。 |
| Apply Gross | ADEA plaintiff must prove age was the "but-for" cause of adverse action, not merely a motivating factor. | Gross：age 須為「但因」原因。 |
| Apply RFOA | Disparate impact claims defended by reasonable factor other than age. | 差別影響：以非年齡之合理因素抗辯。 |
| Apply BFOQ | Age can be a BFOQ only where age is reasonably necessary to essential job operation (e.g., commercial pilot mandatory retirement). | BFOQ 限狹（如商業飛行員強制退休）。 |
| Apply OWBPA waiver | ADEA waivers require specific disclosures, 21-day review period, 7-day revocation. | ADEA 放棄須特定揭露、21 天審視期、7 天撤銷期。 |
Rule Sentence · the workhorse
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against persons aged 40 and over with respect to hiring, firing, promotion, compensation, and other terms of employment; plaintiff must prove that age was the "but-for" cause of the adverse action (Gross v. FBL Financial Services).
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為making adverse employment decision作不利僱用決定
Object 對象employee 40 or older40+ 員工
Standard 法律標準but-for causation + age但因 + 年齡
Consequence 後果ADEA liabilityADEA 責任
Casebook Snapshot · a real American case
Gross v. FBL Financial Services
Holding. Under the ADEA, the plaintiff bears the burden of proving by a preponderance that age was the "but-for" cause of the challenged employer decision. Unlike Title VII (where motivating-factor liability is available), ADEA requires showing the adverse action would not have occurred but for age.
Why it matters. Gross significantly tightened ADEA — "but-for" is harder than Title VII's "motivating factor."
Gross：ADEA 之 age 須為「但因」原因。
Common Mistakes · what trips students
✗ ADEA protects all ages。
✓ Protects only 40 and over.
僅 40+。
✗ ADEA standard 與 Title VII 相同。
✓ ADEA requires "but-for" not "motivating factor" (Gross).
ADEA 要求「但因」非「動機」。
Mini IRAC · build the Application
Issue. Has 58-year-old P stated an ADEA claim when D laid off P during a "reorganization" and replaced P with a 28-year-old at lower salary?
Rule. ADEA requires the plaintiff to prove that age was the but-for cause of the adverse action.
Application (model). P is 58 (protected) and was laid off and replaced by a 28-year-old at lower salary, suggesting age may have been the reason. Because ADEA requires age to be the but-for cause of the adverse action, the fact that P was directly replaced by someone substantially younger at lower cost — and reasonable inference of age motive can be drawn from the circumstances — means P can establish a prima facie ADEA case, with the ultimate question being whether but-for causation is proved.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P has a viable ADEA claim subject to ultimate proof of but-for causation.
MBE Check · multiple choice
D offers P a severance package including waiver of all claims, including ADEA. The waiver gives P 5 days to review and no right of revocation. Is the waiver enforceable as to ADEA?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: