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American society is “graying” as health care improves and the baby boom generation approaches retirement age. According to the U.S. Census Bureau, the median age of the population rose from 30.0 in 1980 to 35.2 in 2005. With the aging of the American population have come increased efforts to combat age discrimination in employment and education.

Older Americans have many legal options to contest age-based discrimination. At the federal level, the Equal Protection Clause presents a general remedy for all plaintiffs charging age-based discrimination, regardless of their age. Two federal statutes, the Age Discrimination in Employment Act (for people over 40 years old) and the Age Discrimination Act provide more specific defenses earmarked for the workplace and educational programs receiving federal financial assistance. Some states also ...

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