This Article argues that the opt-in class action of the ADEA is an anachronism and that age-discrimination litigants can take advantage of the broader protection afforded to Title VII litigants by bringing their ADEA suits as Rule 23 class actions in state courts. A comparison of the two statutes reveals similar purposes and nearly identical substantive provisions, but procedural provisions that provide less protection to victims of age discrimination, including widely disparate class-action provisions.
Janet M. Bowermaster,
Two (Federal) Wrongs Make a (State) Right: State Class Action Procedures as an Alternative to the Opt-In Class Action Provisions of the ADEA,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol25/iss1/3