Home > Journals > LAWREVIEW > Vol. 88 > No. 1 (2014)
No Country for Old Men?: The Non-Preclusive Effect of the Age Discrimination in Employment Act on § 1983 Age Discrimination Claims
This Note argues that the ADEA should not be interpreted to preclude § 1983 constitutional claims for age discrimination in employment. Part I of this Note discusses the history and development of the statutory schemes that provide protection for employees against age discrimination in the workplace: § 1983 of the Civil Rights Act and the ADEA. Part II reviews relevant case law explaining the arguments for and against § 1983 preclusion to illustrate the interaction between § 1983 and the ADEA. Finally, Part III provides an equitable approach for courts to use to analyze § 1983 claims for age discrimination in employment in light of the ADEA. First, courts should compare the rights and protections afforded under the ADEA with the constitutional right at stake. Second, courts should look to the ADEA's remedial scheme to clarify which rights it seeks to protect. Although some courts have concluded that the ADEA does not preclude § 1983 claims, no court has utilized an analysis that fully recognizes the constitutional right at stake: equal protection from employment discrimination based on age.