Publication Title

South Carolina Law Review

Volume

60

Page

383

Year

2008

Abstract

Federal antidiscrimination statutes generally ban adverse employment actions taken because of certain specified traits or characteristics. Under the Civil Rights Act of 1964, Title VII, for example, an employer is prohibited from discriminating "because of" an individual's "race, color, religion, sex, or national origin." 1 The Age Discrimination in Employment Act of 1967 (ADEA) uses similar language in banning discrimination "against any individual ... because of such individual's age." 2 And, while the antidiscrimination formula utilized by the Americans with Disabilities Act of 1990 (ADA) is more complicated than either Title VII or the ADEA, it too prohibits discrimination "against a qualified individual on the basis of disability." 3


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