28 U.S.C. § 623
Duties of the Board
1988—Subsec. (a)(7). Pub. L. 100–702 added par. (7).
For termination, effective
Notes of Decisions
Cited in 19
cases (5 in the last 5 years), 1982–2025 · leading case: Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc., 3 F.3d 1357 (10th Cir. 1993).
Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc., 3 F.3d 1357 (10th Cir. 1993). “§ 2000e-2; 28 U.S.C. § 623 . Whether Defendant was Plaintiffs’ employer depends upon whether Defendant is liable for the acts of its subsidiary, Northwestern Bell.”
Gutierrez-Lines v. Puerto Rico Elec. & Power Auth., 751 F. Supp. 2d 327 (D.P.R. 2010). “2005) (citing 28 U.S.C. § 623 (d)). Where, as here, no direct evidence of retaliation is available, the Court’s analysis closely resembles the McDonnell Douglas burden-shifting scheme above.”
Balut v. Loral Elec. Sys., 988 F. Supp. 339 (S.D.N.Y. 1997). “Employer Liability First, defendants argue that the case against Loral must be dismissed, because Loral was not Balut’s employer. To estab-' lish a case for employment discrimination, plaintiff must set forth sufficient facts to show, inter alia, that defendants employed him.”
Steve Salvato & James Duffy v. Illinois Dep't of Human Rights & Illinois Dep't of Cent. Mgmt. Servs., 155 F.3d 922 (7th Cir. 1998). “privilege of employment,” 28 U.S.C. § 623 (a)(1), by IDHR’s failure to put them in line for positions other than Human Rights Specialists, Grades I and II.”
Sellers v. Deere & Co., 23 F. Supp. 3d 968 (N.D. Iowa 2014). “” 28 U.S.C. § 623 (d). Similarly, the ICRA makes it a discriminatory practice for any person to retaliate against another person “because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint,…”
Eubanks v. Harvard Indus., Inc., 712 F. Supp. 146 (E.D. Ark. 1989). “” Plaintiff contends that her rights under Title VII of the Civil Rights Act of 1964 and 28 U.S.C.A. § 623 1 were violated in that she was "discriminated against and fired because of her age and was replaced by an untrained individual who was substantially younger than plaintiff.”
Equal Emp. Opportunity Comm'n v. Bd. of Trs. of Wayne Cnty. Cmty. Coll., 723 F.2d 509 (6th Cir. 1983). “In addition, the EEOC filed a complaint alleging that the Board’s actions constituted age discrimination in violation of section 4(a) of the Age Discrimination' in Employment Act, 28 U.S.C. § 623 (a) (1976). The Board of Trustees moved to dismiss the EEOC’s complaint under Fed.”
Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp., 577 F. Supp. 1029 (D.N.J. 1982). “If the employer’s construction is correct, then there is no ADEA violation because the employer’s action was based on reasonable factors other than age, 28 U.S.C. § 623 (f)(1), or was in observance of the terms of a .”
Dunn v. Tutera Grp., 181 F.R.D. 653 (D. Kan. 1998). “In this case, plaintiffs complaint is sufficient under these standards, since she alleges that she exhausted administrative remedies and received a right to sue letter. Plaintiff also alleges that defendants are Title VII employers and that she worked for defendants during the…”
Equal Emp. Opportunity Comm'n v. Kentucky State Police Dep't, 80 F.3d 1086 (6th Cir. 1996). “On October 31, 1986, Congress amended section four of the Age Discrimination in Employment Act of 1967, 28 U.S.C. § 623 , to make age a bona fide occupational qualification for law enforcement personnel whose duties "are primarily the investigation, apprehension, or detention of…”
Air Line Pilots Ass'n, Int'l v. Trans World Airlines, Inc., 547 F. Supp. 1221 (S.D.N.Y. 1982). “This is consistent with the policy of the Federal Aviation Administration (“FAA”) which since 1960 has mandated retirement at age sixty for Captains and First Officers. 14 C.”
Monroe v. United Air Lines, Inc., 736 F.2d 394 (7th Cir. 1984). “” 28 U.S.C. § 623 (f)(2). Congress became concerned as courts read (f)(2) to allow mandatory retirement based on age under pension plans and amended that section in 1978.”
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