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ADEA Precludes § 1983 Age Discrimination Claims
In Ahlmeyer v. Nevada System of Higher Education, (9th Cir., February 18, 2009), the U.S. Court of Appeals for the Ninth Circuit ruled that the Age Discrimination in Employment Act is the exclusive remedy for age discrimination by employers, and therefore, a plaintiff could not bring an age discrimination lawsuit as a Section 1983 claim.

The court noted that every circuit to address the issue has reached the same conclusion. The court reasoned that permitting plaintiff’s to bring Section 1983 actions for age discrimination would enable them to avoid the ADEA’s specific provisions, and that it was unlikely Congress would have intended to allow plaintiff’s to bypass such provisions.