Sex Plus Age Discrimination: Double Jeopardy for Older Female Employees

James G. Frierson

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DOI: 10.2190/T09J-DL85-0P1A-CA9R

Abstract

Academic studies show that older females are subject to negative stereotypes that cause employment discrimination. Although federal and state equal employment laws list separate categories of protection such as race, sex, and age, courts have developed the theory of "sex plus" discrimination to protect certain subsets of the population such as black females (sex plus race), and pregnant women (sex plus pregnancy). A logical additional subset should also be sex plus age. Although such claims may be brought under state fair employment laws or under Title VII of the Civil Rights Act of 1964, as sex plus age discrimination claims, discrimination against older females may also violate the Age Discrimination in Employment Act (age plus sex discrimination).

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