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Words: | Submitted: Wed Oct 13 2004
... must retire at age 65 in the United States" (2001, pg 411). The court case Adams, Wanda, et al. v. Florida Power Corp., et al. (2002) argued that 70% of the 1,200 employees laid off from Florida Power Corporation between 1992 and 1996 were over the age of 40. Wanda Adams and her coworkers felt this was a case of age discrimination and initiated a class action lawsuit against their former employer because they felt Florida Power Corporation was in violation of the ADEA. In 1996 the Florida District Court ruled in favor of the former employees. But in August 1999, the court decertified the class; ruling that a disparate impact theory of liability is not available to those suing for age discrimination under the ADEA, as it is for those suing under the Title VII of the Civil Rights Act for race discrimination. Disparate impact states "even where ...
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