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.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
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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.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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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.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1998
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- Abstracts: Pay pressures remain sedate. Settlements holding firm at 3%
- Abstracts: Tragedy leads to air bag crusade. Time for Supreme Court to mop up a mess. Government settles case on nuke plant 'taking.' (Oak Ridge nuclear weapons plant)
- Abstracts: Informed consent by spouse necessary to waive plan benefits. Choosing the most appropriate marital deduction formula clause
- Abstracts: Valuation of recovery - partially performed discharged contracts. Metcalfe v NZI Securities Australia Ltd
- Abstracts: IRS rescinds field agent memorandum on definite predetermined allocation formula. Simon introduces Pension Audit Improvement Act of 1995