The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.
Rhonda M. Reaves, One of These Things is Not Like the Other: Analogizing Ageism to Racism in Employment Discrimination Cases, 38 U. Rich. L. Rev. 839 (2004)