29 U.S.C. §§ 621–634 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

29usc623:disparate-treatment

covered-employer & protected-age & employment-action & age-causation & !f-exceptions & !public-safety & !executive-retirement

Section 623(a)(1) employer claim. The statutory exceptions are conditional defenses, not employer burdens to disprove discrimination in every case. The claimant retains ultimate persuasion; coverage and §626 prerequisites are separate from the merits.

29usc623:disparate-impact

covered-employer & protected-age & neutral-practice & age-disparity & !f-exceptions

Section 623(a)(2) disparate impact: isolate a neutral employment practice causing a significant age disparity, subject to the route-conditioned f-exceptions and the circuit-specific applicant-coverage constraint below. Intent and Gross treatment causation are not additional impact elements.

29usc623:retaliation

(covered-employer | covered-agency | covered-union) & protected-activity & retaliatory-adversity & retaliation-causation

Section 623(d) is distinct from age discrimination. The protected conduct is opposition or participation; age bias is not the required retaliatory motive. For employer defendants the claimant must be an employee or applicant; agency defendants cover any individual, and union defendants cover members or applicants for membership, as subsection (d) specifies. The (f)(1)-(2) exceptions do not extend to subsection (d).

29usc623:agency-discrimination

covered-agency & agency-practice & protected-age & age-causation & !f-exceptions

Section 623(b) referral/classification discrimination; §630(c) defines covered employment agencies.

29usc623:union-discrimination

covered-union & union-practice & protected-age & age-causation & !f-exceptions

Section 623(c) membership, referral, or causing employer discrimination; §630(d)-(e) define labor-organization coverage.

29usc623:age-advertising

covered-advertiser & age-advertisement & !f-exceptions

Section 623(e) is a distinct prohibition on age-based notices/advertisements; do not confuse it with retaliation or administrative filing requirements.

29usc623:wage-reduction

covered-employer & compliance-wage-reduction & !f-exceptions

Section 623(a)(3) independently prohibits reducing an employee wage rate to comply with the ADEA.

29usc623:pension-accrual

covered-plan-actor & protected-age & pension-plan & pension-age-reduction & !pension-safeguards

Section 623(i)(1) separately prohibits age-based cessation or reduction of defined-benefit accrual or defined-contribution allocations. Its own subsection (i) qualifications govern; f-exceptions is not a blanket defense to this route. The catalogue models the (i)(1) core and identifies (i)(2)-(10) qualifications, not a complete actuarial test for hybrid-plan conversions.

Constraints

Apply the outside-applicant construction only when controlling precedent adopts it.

Kleber (Seventh Circuit en banc) and Villarreal (Eleventh Circuit en banc) construe (a)(2) to exclude outside applicants. Elsewhere determine controlling law before excluding a claimant; this is not a nationwide statutory exception. The preserved impact-applicant-limit ID is a judicial coverage element and is intentionally absent as an unconditional negative in the claim formula.

Apply the good-cause qualification only when the defendant acts as employer and the challenged employment action is discharge or discipline.

This conditional qualification belongs to the employer disparate-treatment route for discharge/discipline; it is not an unconditional negative conjunct in that route. Do not apply it to hiring or other non-disciplinary terms, agency referral/classification, union membership/referral, or the other claim routes. If an agency or union acts as an employer, assess its employer conduct under the employer route rather than importing this qualification into its separate agency or union route. The quoted f(3) words are unchanged; the catalogue does not replace ultimate age causation with acceptance of any asserted reason.

Match each statutory exception to the challenged act and theory under (a), (b), (c), or (e).

The f-exceptions gate is satisfied only if one applicable branch is proved. BFOQ requires a necessary age qualification; foreign-law requires an actual foreign-workplace legal conflict; seniority/benefits require all f(2) conditions. RFOA is available only for a legally cognizable disparate-impact theory using a non-age factor, never intentional age discrimination or an age-limited advertisement. Thus rfoa cannot defeat the intentional agency/union/treatment claims merely because the actor offers a business reason. No exception here applies to (d) retaliation or automatically overrides (i).