This Comment examines two ways in which the legal system does not adequately consider older women's claims of discrimination. The issues are presented in two conceptual groupings. The first grouping discusses how barriers to the recognition of hybrid age and sex discrimination claims are created when courts do not analyze the evidence of discrimination together as evidence of discrimination against "older women." Often, courts analyze hybrid claims of age and sex discrimination separately under Title VII and the ADEA, even when the evidence of discrimination points to a hybrid claim involving discrimination directed at a subset of a protected group, such as older women, rather than older employees or women generally. This separate analytical approach restricts a court's consideration of how the discrimination intersects and can allow employers to defeat older women's claims by showing older men and younger women are treated favorably, though unfavorable treatment of older women exists.
Sabina F. Crocette,
Considering Hybrid Sex and Age Discrimination Claims by Women: Examining Approaches to Pleading and Analysis - A Pragmatic Model, 28 Golden Gate U. L. Rev.