ADEA And Gross: Employers, Don't Relax Yet

Law360, New York (March 30, 2010, 12:38 PM EDT) -- Title VII of the 1964 Civil Right Act prohibits an employer from discriminating in the terms and conditions of employment “because of” a person’s gender, race, religion, nationality, etc.

Similarly, the Age Discrimination in Employment Act of 1967 prohibits an employer from discriminating in the terms and conditions of employment “because of” a person’s age. These two words, “because of,” are the crux of a major change in discrimination law.

Since 1989, and prior to the recent U.S. Supreme Court ruling in Gross,[1] courts generally used...
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