High Court Decides Another Age Case
In Kentucky Retirement Systems v. EEOC, the Supreme Court ruled that there was no age discrimination when a retirement plan credited additional years of service to employees who became disabled before they became eligible to retire–but not to employees who became disabled after they were eligible to retire. The Court found that a decision based on retirement eligibility isn’t equivalent to one based on age.
The Court has always tried to allow more flexibility to employers when applying the Age Discrimination in Employment Act (ADEA) to pension plans, although it’s a bit difficult to see how the specific language of the ADEA doesn’t make the pension plan in question discriminatory. Since pension plans necessarily take age into account, have your lawyer take a look at your plan in light of this new case.
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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