Duquesne Law Review


David Culp


The Supreme Court of the United States' 5-4 decision in St. Mary's Honor Center v. Hicks has created uncertainty and confusion for both courts and parties involved in age discrimination cases. The Court noted in its decision that if Congress was displeased with the result, "[it] remains free to alter what we have done." In this article, the author strongly urges Congress to accept the Court's invitation and enact legislation to force courts to abandon the St. Mary's approach, which has effectively rewarded discriminatory practices by employers.

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