STATISTICS AS EVIDENCE OF AGE DISCRIMINATION

The use of statistical evidence has become increasingly widespread and important in employment discrimination litigation. This Note examines the applicability of statistical evidence to suits brought under the Age Discrimination in Employment Act. The Note reviews the use of statistical evidence in suits involving discrimination based on race or sex, and then discusses the unique characteristics of suits brought under the Age Discrimination in Employment Act. The Note concludes that although statistical evidence is valid in the latter suits, the characteristic of age is different from that of race or sex, and that different statistical tests should therefore be employed.