Hazen Paper Co. V. Biggins 507 U.S. 604 (1993)

In: Business and Management

Submitted By germanicus1
Words 1403
Pages 6
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993)

Case Study

JSale.

GB41- Employment Law

Professor Shawn Pattinson

1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired?
The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded that there is no disparate treatment under the ADEA when the factor motivating the employer is some feature other than the employee’s age.
The researcher does not agree with the court’s decision because the employer’s defense is pretextual, the true reason for the action is an underlying motivation (age discrimination) rather than the employee breaking a confidentiality agreement. The court…...

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