29 U.S.C. §§ 621–634 · C relations

C · Law–case relations

Part 1 lists the elements of the law. Part 2 lists each case; its numbered items use the same numbers as the elements, with the holding and the quoted passage it rests on. Quotations are verbatim; labels are derived annotations, not the source of truth. Muted blocks are not counted as merits applications.

1 · Elements of 29 U.S.C. §§ 621–634

1. Employer coverage and exclusions AND
   It shall be unlawful for an employer-
2. Age forty or older AND
   because of such individual's age;
3. Hiring discharge or employment terms AND
   (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age;
4. Judicial but-for standard for age-based treatment AND
   because of such individual's age;
5. Route-conditioned statutory f(1) and f(2) alternatives EXCEPTION
   (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section
6. Conditional state firefighter and law-enforcement hiring or retirement EXCEPTION
   (j) Employment as firefighter or law enforcement officer It shall not be unlawful for an employer which is a State, a political subdivision of a State, an agency or instrumentality of a State or a political subdivision of a State, or an interstate agency to fail or refuse to hire or to discharge any
7. Age sixty-five executive or high-policymaker compulsory retirement EXCEPTION
   to discharge any individual
8. Judicial impact requirement to identify a particular practice AND
   (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or
9. Judicial impact requirement of significant causal disparity AND
   (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or
10. Covered employment agency AND
    It shall be unlawful for an employment agency
11. Covered labor organization AND
    It shall be unlawful for a labor organization-
12. Opposition or participation AND
    It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual
13. Judicial material-adversity standard for retaliation AND
    It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual
14. Retaliatory causal connection AND
    It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual
15. Agency referral discrimination AND
    (b) Employment agency practices It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age.
16. Membership classification referral or causing discrimination OR
    (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age;
17. Employer agency or union advertiser AND
    It shall be unlawful for an employer, labor organization, or employment agency to print or publish
18. Age-based notice or advertisement AND
    It shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organizati
19. Wage reduction to comply AND
    (3) to reduce the wage rate of any employee in order to comply with this chapter.
20. Employer agency union or combination maintaining a pension plan AND
    an employer, an employment agency, a labor organization, or any combination thereof
21. Establish or maintain an employee pension benefit plan AND
    (1) Except as otherwise provided in this subsection, it shall be unlawful for an employer, an employment agency, a labor organization, or any combination thereof to establish or maintain an employee pension benefit plan which requires or permits-
22. Age-based accrual or allocation cessation or reduction OR
    (A) in the case of a defined benefit plan, the cessation of an employee's benefit accrual, or the reduction of the rate of an employee's benefit accrual, because of age, or
23. Subsection i pension qualifications and compliance EXCEPTION
    (4) Compliance with the requirements of this subsection with respect to an employee pension benefit plan shall constitute compliance with the requirements of this section relating to benefit accrual under such plan.
24. Conditional bona fide seniority system or benefit plan EXCEPTION
    (2) to take any action otherwise prohibited under subsection (a), (b), (c), or (e) of this section-
25. Narrow bona fide occupational qualification EXCEPTION
    where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business
26. Displayed scope and specialized exclusions AND
    §623. Prohibition of age discrimination
27. Charge filing waiver and remedies AND
    (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age;
28. Foreign workplace conflict with local law EXCEPTION
    where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located;
29. Good cause for employer discharge or discipline EXCEPTION
    (3) to discharge or otherwise discipline an individual for good cause.
30. Judicial outside-applicant coverage limit where circuit precedent controls AND
    (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or
31. Reasonable factors other than age DEFENSE
    where the differentiation is based on reasonable factors other than age

2 · Cases (10)