Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.
Lavinia A. James,
Damages in Age Discrimination Cases - The Need for a Closer Look,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol17/iss3/6