Mandatory retirement policy for employee-directors violates ADEA

Article Abstract:

The US Court of Appeals for the Second Circuit affirmed the lower court's summary judgment ruling in EEOC v. Johnson & Higgins, Inc. finding that the corporation's retirement policy for employee-directors violated the Age Discrimination in Employment Act. The EEOC brought the action despite the fact that no director or former director objected to the policy. The corporation argued that all directors had waived the right to sue, that the directors were not employees and that the policy was exempt. The Court found that the directors were employees under the agreement and rejected the other arguments raised.

Cases, Corporate directors

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EEOC issues proposed rules on ADEA waivers

Article Abstract:

The US Equal Employment Opportunity Commission issued proposed rules that identified when waiver agreements relinquishing potential claims under the Age Discrimination in Employment Act (ADEA) will be enforceable. Prior law established that the waiver must be in writing, must make reference to ADEA rights, and must be knowing and voluntary. The proposed regulations clarify the "knowing and voluntary" requirement, define the consideration required for the agreement, and identify information that employers must provide to employees asked to sign an ADEA waiver.

Other Justice, Public Order, and Safety Activities, Equal Protection-Employment, Standards, Employment, Equal protection, United States. Equal Employment Opportunity Commission

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Limiting mental illness disability benefits without actuarial justification violates the Americans with Disabilities Act

Article Abstract:

The US District Court of Eastern Virginia in Lewis v. Aetna Life Insurance Co. held that the Americans with Disabilities Act was violated by employer Kmart's disability plan which had shorter disability benefits for mental disabilities than for physical disabilities. The court found no actuarial justification for the discrimination. Dismissal of Aetna on summary judgment resulted in the issue of insurer liability not being addressed.

Direct Health and Medical Insurance Carriers, Surety insurance, Income Loss Insurance, Mental illness, Mental disorders, Discrimination in insurance, Insurance discrimination, Disability insurance

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