"This book is well-researched and well-written ... Barnes argues convincingly that Title VII [of the Civil Rights Act] offers far greater protection and a significantly lower burden of proof for the plaintiff. The ADEA has never been on equal ground with Title VII, and amendments and case law have made bringing an age-base case nearly impossible. ... [I]t is well worth the read." David M. Godfrey, Senior Attorney, the ABA Commission on Law and Aging in Washington, DC.
From the Back Cover
Betrayed: The Legalization of Age Discrimination in the Workplace explains why so many workers in their 40s, 50s and above are out of work, laboring in part-time or temp jobs, and generally struggling to survive.
Age discrimination in America is hidden behind phrases like "long-term unemployment" and "early retirement." Moreover, a confluence of failures by American institutions have left workers with little or no protection against age discrimination. The "first in" today are often the "first out."
Did you know:
- Just as the worst recession in 100 years was fueling mass layoffs of older workers, the U.S. Supreme Court eviscerated the Age Discrimination in Employment Act (ADEA). The Court in 2009 raised the standard of proof in age discrimination cases far above that required in race or sex discrimination cases under Title VII of the Civil Rights Act.
- The U.S. Congress has failed each year since 2009 to pass the proposed Protecting Older Workers Against Discrimination Act, which would fix the Court's 2009 ruling.
- The Equal Employment Opportunity Commission receives more than 20,000 age discrimination complaints each year but files only a handful of lawsuits with age discrimination claims.
Age discrimination is effectively legal today because of loopholes in the ADEA, adverse U.S. Supreme Court decisions, lack of prosecution by the EEOC and Congressional inaction. The author examines the devastating consequences of age discrimination on workers during and since the great recession.