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The paper discusses the Age Discrimination in Employment Act of 1967 (ADEA) that forbids employers from using age as a basis in making decisions surrounding hiring, firing, promotion or compensation. The paper specifically looks at the ADEA prohibition on mandatory retirement and its consequences for academic institutions. The paper then looks at several court cases that demonstrate the clash between the law and what is happening in colleges and universities all over. The paper asserts that equal treatment in our higher education system is vital to the future of the country as a whole.
From the Paper:"In the case of Linda Ahlmeyer v Nevada System of Higher Education; Mike Reed, 555 F3d 1051; 2009, the plaintiff, who alleged that she was treated less favorably than her younger coworkers, sought to amend her complaint and replace the ADEA claim with a claim against her supervisor personally based on claimed age discrimination in violation of the Equal Protection Clause. The court held that the ADEA precluded the assertion of age discrimination in employment claims, even those seeking to vindicate constitutional rights. The court rejected the reasoning of various district courts which held that the ADEA was not the exclusive enforcement mechanism for claims of age discrimination in employment because the comprehensive remedial scheme of the ADEA overcame the presumption against implied preclusion.
"In another case Rosemarie Crane, a part time lecturer at, was passed over for a full-time appointment four times in eleven years at Wilbur Wright College. She asserted that it was because of her age. Crane was sixty-eight at the time of her last application for a full-time position in 2004. After eleven years with a stellar record at Wilbur Wright, including being the only part-timer to receive the college's Teaching Excellence Award, she was not interviewed. And subsequently the two open full-time positions were filled by applicants who were then twenty-nine and thirty (Jacobe, 2006)."
Sample of Sources Used:
- Adapting to age-discrimination regulations. (2008). Retrieved October 20, 2009, from Times Higher Education Web site: http://www.timeshighereducation.co.uk/story.asp?storyCode=401209§ioncode=26
- Facts About Age Discrimination. (2008). Retrieved October 20, 2009, from The U.S. Equal Employment Opportunity Commission Web site: http://www.eeoc.gov/facts/age.html
- Hall, Carolyn B. (2009). Mandatory Retirement and the Age Discrimination in Employment Act: Impacts on Higher Education. Retrieved October 20, 2009, from Holland & Knight Web site: http://www.hklaw.com/id24660/PublicationId1671/ReturnId31/contentid47681/
- Kaplin, W.A. & Lee, B.A. (2007) The Law of Higher education-student version (4th ed) San Francisco, CA: Josey-Bass.
- Clegg, Roger. (2006). "Faculty Hiring Preferences and the Law". Chronicle of Higher Education. 52(37), 94-97.
Cite this Analytical Essay:
Higher Education Law (2012, May 31) Retrieved February 28, 2021, from https://www.academon.com/analytical-essay/higher-education-law-151291/
"Higher Education Law" 31 May 2012. Web. 28 February. 2021. <https://www.academon.com/analytical-essay/higher-education-law-151291/>