The Uses and Misuses of Statistical Proof in Age Discrimination Claims

39 Pages Posted: 17 Oct 2010 Last revised: 6 Dec 2010

See all articles by Thomas Tinkham

Thomas Tinkham

Mitchell Hamline School of Law

Date Written: October 1, 2010

Abstract

When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups.

With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers and then age in those positions while younger employees who have not yet reached their highest level are promoted. These phenomena require special care in evaluating statistics in age discrimination cases.

Keywords: age discrimination, statistical proof in age discrimination, statistical distortion in age cases

Suggested Citation

Tinkham, Thomas, The Uses and Misuses of Statistical Proof in Age Discrimination Claims (October 1, 2010). Hofstra Labor and Emploment Law Journal, Vol. 27, 2010, William Mitchell Legal Studies Research Paper No. 2010-20, Available at SSRN: https://ssrn.com/abstract=1692282

Thomas Tinkham (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

HOME PAGE: http://www.wmitchell.edu/academics/faculty/Tinkham.asp

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
153
Abstract Views
833
Rank
347,135
PlumX Metrics