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American society has grown older as the baby boom generation approaches retirement and health care improves. The percentage of the population in the 40 to 64 age range increased from 24.8% in 1980 to 32.3% in 2005. Recognizing that Americans would continue to face age bias in the workplace, Congress enacted the Age Discrimination in Employment Act (ADEA) of 1967 as part of its broad attack on employment discrimination in the 1960s. An amendment to the Fair Labor Standards Act of 1938, the ADEA adopted antidiscrimination provisions that were substantively almost identical to those of Title VII of the Civil Rights Act of 1964. In the interim, courts have dealt with many ADEA issues, ranging from hiring and dismissal to salaries and early retirement ...

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