IDEAS home Printed from https://ideas.repec.org/a/ucp/jlawec/v51y2008i3p433-460.html
   My bibliography  Save this article

State Age Protection Laws and the Age Discrimination in Employment Act

Author

Listed:
  • Joanna Lahey

Abstract

This article exploits an unusual aspect of the policy for enforcement of the federal 1968 Age Discrimination in Employment Act (ADEA), which made filing an age discrimination claim less burdensome in some states. After the enforcement of the federal law, white male workers over age 50 in states where the federal government allows an easier filing procedure were .2 percentage points less likely to be hired than were workers in states without such laws. They also worked .8-1.3 fewer weeks per year and were .5-.7 percentage points more likely to report being retired, 1.6-1.8 percentage points more likely to report that they are not in the labor force, and 1.6- 3 percentage points more likely to report that they are not employed. These findings suggest that in an anti-age-discrimination environment, firms seek to avoid litigation through means not intended by the legislation-by not employing older workers in the first place. (c) 2008 by The University of Chicago. All rights reserved.

Suggested Citation

  • Joanna Lahey, 2008. "State Age Protection Laws and the Age Discrimination in Employment Act," Journal of Law and Economics, University of Chicago Press, vol. 51(3), pages 433-460, August.
    • Handle: RePEc:ucp:jlawec:v:51:y:2008:i:3:p:433-460
    DOI: 10.1086/589670
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/589670
    File Function: link to full text
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1086/589670?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Christopher A. Pissarides, 2000. "Equilibrium Unemployment Theory, 2nd Edition," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262161877, April.
    2. Christine Jolls & J.J. Prescott, 2004. "Disaggregating Employment Protection: The Case of Disability Discrimination," NBER Working Papers 10740, National Bureau of Economic Research, Inc.
    3. Joanna Lahey, 2008. "State Age Protection Laws and the Age Discrimination in Employment Act," Journal of Law and Economics, University of Chicago Press, vol. 51(3), pages 433-460, August.
    4. Burgess, Simon & Lane, Julia & Stevens, David, 2000. "Job Flows, Worker Flows, and Churning," Journal of Labor Economics, University of Chicago Press, vol. 18(3), pages 473-502, July.
    5. Barbara A Butrica & Karen Elizabeth Smith & C. Eugene Steuerle, 2006. "Working for a Good Retirement," Working Papers, Center for Retirement Research at Boston College wp2006-8, Center for Retirement Research, revised May 2006.
    6. Thomas DeLeire, 2000. "The Wage and Employment Effects of the Americans with Disabilities Act," Journal of Human Resources, University of Wisconsin Press, vol. 35(4), pages 693-715.
    7. Gomez-Salvador, Ramon & Messina, Julian & Vallanti, Giovanna, 2004. "Gross job flows and institutions in Europe," Labour Economics, Elsevier, vol. 11(4), pages 469-485, August.
    8. Daron Acemoglu & Joshua D. Angrist, 2001. "Consequences of Employment Protection? The Case of the Americans with Disabilities Act," Journal of Political Economy, University of Chicago Press, vol. 109(5), pages 915-957, October.
    9. Adams, Scott J., 2004. "Age discrimination legislation and the employment of older workers," Labour Economics, Elsevier, vol. 11(2), pages 219-241, April.
    10. Hoyt Bleakley & Ann E. Ferris & Jeffrey C. Fuhrer, 1999. "New data on worker flows during business cycles," New England Economic Review, Federal Reserve Bank of Boston, issue Jul, pages 49-76.
    11. Wendy A. Stock & Kathleen Beegle, 2004. "Employment Protections for Older Workers: Do Disability Discrimination Laws Matter?," Contemporary Economic Policy, Western Economic Association International, vol. 22(1), pages 111-126, January.
    12. Orley Ashenfelter & David Card, 2002. "Did the Elimination of Mandatory Retirement Affect Faculty Retirement?," American Economic Review, American Economic Association, vol. 92(4), pages 957-980, September.
    13. David Neumark, 2003. "Age Discrimination Legislation in the United States," Contemporary Economic Policy, Western Economic Association International, vol. 21(3), pages 297-317, July.
    14. David Neumark & Wendy A. Stock, 1999. "Age Discrimination Laws and Labor Market Efficiency," Journal of Political Economy, University of Chicago Press, vol. 107(5), pages 1081-1110, October.
    15. Olivia S. Mitchell & Rebecca A. Luzadis, 1988. "Changes in Pension Incentives through Time," ILR Review, Cornell University, ILR School, vol. 42(1), pages 100-108, October.
    16. Joni Hersch, 2006. "Demand for a Jury Trial and the Selection of Cases for Trial," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 119-142, January.
    17. Joni Hersch & W. Kip Viscusi, 2004. "Punitive Damages: How Judges and Juries Perform," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 1-36, January.
    18. Adriana D. Kugler & Gilles Saint-Paul, 2004. "How Do Firing Costs Affect Worker Flows in a World with Adverse Selection?," Journal of Labor Economics, University of Chicago Press, vol. 22(3), pages 553-584, July.
    19. Davis, Steven J. & Haltiwanger, John, 1999. "Gross job flows," Handbook of Labor Economics, in: O. Ashenfelter & D. Card (ed.), Handbook of Labor Economics, edition 1, volume 3, chapter 41, pages 2711-2805, Elsevier.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Nicole M Lindner & Alexander Graser & Brian A Nosek, 2014. "Age-Based Hiring Discrimination as a Function of Equity Norms and Self-Perceived Objectivity," PLOS ONE, Public Library of Science, vol. 9(1), pages 1-6, January.
    2. Melissa Boyle & Stacy Nazzaro & Debra O’Connor, 2010. "Moral rights protection for the visual arts," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 34(1), pages 27-44, February.
    3. Srikant Devaraj & Pankaj C. Patel, 2022. "State bans on pay secrecy and earnings: Evidence from the National Longitudinal Survey of Youth 1997," British Journal of Industrial Relations, London School of Economics, vol. 60(4), pages 697-734, December.
    4. David Neumark & Joanne Song & Patrick Button, 2015. "Does Protecting Older Workers from Discrimination Make It Harder to Get Hired? Revised with Additional Analysis of SIPP Data and Appendix of Disability Laws," Working Papers wp315, University of Michigan, Michigan Retirement Research Center.
    5. Heywood, John S. & Siebert, W. Stanley, 2009. "Understanding the Labour Market for Older Workers: A Survey," IZA Discussion Papers 4033, Institute of Labor Economics (IZA).
    6. Todd Morris & Benoit Dostie, 2023. "Graying and staying on the job: The welfare implications of employment protection for older workers," Cahiers de recherche / Working Papers 15, Institut sur la retraite et l'épargne / Retirement and Savings Institute.
    7. David Neumark & Ian Burn & Patrick Button & Nanneh Chehras, 2016. "Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Experimental (and Nonexperimental) Evidence," Working Papers wp349, University of Michigan, Michigan Retirement Research Center.
    8. John S. Heywood & Uwe Jirjahn, 2015. "The German Labor Market for Older Workers in Comparative Perspective," Research Papers in Economics 2015-02, University of Trier, Department of Economics.
    9. Joanna Lahey, 2008. "State Age Protection Laws and the Age Discrimination in Employment Act," Journal of Law and Economics, University of Chicago Press, vol. 51(3), pages 433-460, August.
    10. Neumark, David & Song, Joanne, 2013. "Do stronger age discrimination laws make Social Security reforms more effective?," Journal of Public Economics, Elsevier, vol. 108(C), pages 1-16.
    11. David Neumark & Patrick Button, 2014. "Did Age Discrimination Protections Help Older Workers Weather the Great Recession?," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 33(3), pages 566-601, June.
    12. David Neumark & Joanne Song, 2012. "Barriers to Later Retirement: Increases in the Full Retirement Age, Age Discrimination, and the Physical Challenges of Work," Working Papers wp265, University of Michigan, Michigan Retirement Research Center.
    13. Nishimura, Yoshinori, 2016. "Did Government Intervention on Firm’s Employment Policies Have an Effect on the Employment of Elderly Workers?," MPRA Paper 73444, University Library of Munich, Germany.
    14. Bell, David N.F. & Rutherford, Alasdair C., 2013. "Older workers and working time," The Journal of the Economics of Ageing, Elsevier, vol. 1, pages 28-34.
    15. Joanne Song McLaughlin, 2020. "Falling Between the Cracks: Discrimination Laws and Older Women," LABOUR, CEIS, vol. 34(2), pages 215-238, June.
    16. Ian Burn, 2018. "Not All Laws are Created Equal: Legal Differences in State Non-Discrimination Laws and the Impact of LGBT Employment Protections," Journal of Labor Research, Springer, vol. 39(4), pages 462-497, December.
    17. Burn, Ian & Kettler, Kyle, 2019. "The more you know, the better you’re paid? Evidence from pay secrecy bans for managers," Labour Economics, Elsevier, vol. 59(C), pages 92-109.
    18. Joanna N. Lahey & Douglas R. Oxley, 2021. "Discrimination at the Intersection of Age, Race, and Gender: Evidence from an Eye‐Tracking Experiment," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 40(4), pages 1083-1119, September.
    19. Courtney C. Coile, 2015. "Economic Determinants Of Workers’ Retirement Decisions," Journal of Economic Surveys, Wiley Blackwell, vol. 29(4), pages 830-853, September.
    20. Talia Fisher & Tamar Kricheli‐Katz & Issi Rosen‐Zvi & Theodore Eisenberg, 2016. "He Paid, She Paid: Exploiting Israeli Courts' Rulings on Litigation Costs to Explore Gender Biases," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(3), pages 536-561, September.
    21. Patrick Button & Philip Armour & Simon Hollands, 2023. "Estimating the Effects of the ADA Amendments Act on the Hiring and Termination of Individuals with Disabilities, Using New Disability Categorizations," Upjohn Working Papers 22-377, W.E. Upjohn Institute for Employment Research.
    22. Suyoun Han & Morris M. Kleiner, 2021. "Analyzing the Influence of Occupational Licensing Duration and Grandfathering on Wage Determination," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 60(2), pages 147-187, April.
    23. John S. Heywood & Uwe Jirjahn, 2016. "The hiring and employment of older workers in Germany: a comparative perspective [Die Beschäftigung und Neueinstellung älterer Arbeitnehmer in Deutschland: Eine vergleichende Perspektive]," Journal for Labour Market Research, Springer;Institute for Employment Research/ Institut für Arbeitsmarkt- und Berufsforschung (IAB), vol. 49(4), pages 349-366, December.
    24. Phijaisanit, Euamporn, 2015. "How can promoting desirable elderly employment opportunities alleviate the shortfalls of Thailand’s ageing society?," MPRA Paper 89824, University Library of Munich, Germany, revised 2016.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ian Burn, 2018. "Not All Laws are Created Equal: Legal Differences in State Non-Discrimination Laws and the Impact of LGBT Employment Protections," Journal of Labor Research, Springer, vol. 39(4), pages 462-497, December.
    2. David Neumark, 2008. "The Age Discrimination in Employment Act and the Challenge of Population Aging," NBER Working Papers 14317, National Bureau of Economic Research, Inc.
    3. Todd Morris & Benoit Dostie, 2023. "Graying and staying on the job: The welfare implications of employment protection for older workers," Cahiers de recherche / Working Papers 15, Institut sur la retraite et l'épargne / Retirement and Savings Institute.
    4. Patrick Button & Philip Armour & Simon Hollands, 2023. "Estimating the Effects of the ADA Amendments Act on the Hiring and Termination of Individuals with Disabilities, Using New Disability Categorizations," Upjohn Working Papers 22-377, W.E. Upjohn Institute for Employment Research.
    5. Simon Rabaté, 2017. "Can I Stay or Should I Go? Mandatory Retirement and Labor Force Participation of Older Workers," Working Papers halshs-01521150, HAL.
    6. David Neumark & Ian Burn & Patrick Button & Nanneh Chehras, 2016. "Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Experimental (and Nonexperimental) Evidence," Working Papers wp349, University of Michigan, Michigan Retirement Research Center.
    7. Giuseppina Gianfreda & Giovanna Vallanti, 2020. "Labor Courts and Firing Costs: The Labor‐Market Effects of Trial Delays," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 59(1), pages 40-84, January.
    8. David Neumark & Joanne Song & Patrick Button, 2015. "Does Protecting Older Workers from Discrimination Make It Harder to Get Hired? Revised with Additional Analysis of SIPP Data and Appendix of Disability Laws," Working Papers wp315, University of Michigan, Michigan Retirement Research Center.
    9. Luz A. Flórez & Leonardo Fabio Morales & Daniel Medina & José Lobo, 2021. "Labor flows across firm size, age, and economic sector in Colombia vs. the United States," Small Business Economics, Springer, vol. 57(3), pages 1569-1600, October.
    10. Nishimura, Yoshinori, 2016. "Did Government Intervention on Firm’s Employment Policies Have an Effect on the Employment of Elderly Workers?," MPRA Paper 73444, University Library of Munich, Germany.
    11. Joanna Lahey, 2006. "How Do Age Discrimination Laws Affect Older Workers?," Work Opportunity Briefs wob_5, Center for Retirement Research, revised Oct 2006.
    12. Wendy A. Stock & Kathleen Beegle, 2004. "Employment Protections for Older Workers: Do Disability Discrimination Laws Matter?," Contemporary Economic Policy, Western Economic Association International, vol. 22(1), pages 111-126, January.
    13. MacLeod, W. Bentley & Nakavachara, Voraprapa, 2006. "Legal Default Rules: The Case of Wrongful Discharge Laws," IZA Discussion Papers 1970, Institute of Labor Economics (IZA).
    14. Button, Patrick & Khan, Mashfiqur R. & Penn, Mary, 2022. "Do stronger employment discrimination protections decrease reliance on Social Security Disability Insurance? Evidence from the U.S. Social Security reforms," The Journal of the Economics of Ageing, Elsevier, vol. 22(C).
    15. Simon Rabaté, 2017. "Can I Stay or Should I Go? Mandatory Retirement and Labor Force Participation of Older Workers," PSE Working Papers halshs-01521150, HAL.
    16. Medina, Daniel & Morales, Leonardo Fabio, 2019. "Fluidez del mercado laboral y resultados en materia de empleo en Colombia: evidencia derivada de datos enlazados de empleadores y empleados," Revista CEPAL, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL), April.
    17. Nobuhiro Kiyotaki & Ricardo Lagos, 2007. "A Model of Job and Worker Flows," Journal of Political Economy, University of Chicago Press, vol. 115(5), pages 770-819, October.
    18. Edward P. Lazear, 1995. "Personnel Economics," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262121883, April.
    19. Yashiv, Eran, 2007. "Labor search and matching in macroeconomics," European Economic Review, Elsevier, vol. 51(8), pages 1859-1895, November.
    20. Zweimüller, Josef & Lalive, Rafael & Wuellrich, Jean-Philippe, 2009. "Do Financial Incentives for Firms Promote Employment of Disabled Workers? A Regression Discontinuity Approach," CEPR Discussion Papers 7373, C.E.P.R. Discussion Papers.

    More about this item

    JEL classification:

    • J1 - Labor and Demographic Economics - - Demographic Economics
    • J7 - Labor and Demographic Economics - - Labor Discrimination

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlawec:v:51:y:2008:i:3:p:433-460. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JLE .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.