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Elder Law

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University of Richmond

1997

ERISA

Articles 1 - 2 of 2

Full-Text Articles in Law

Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow Jan 1997

Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow

University of Richmond Law Review

Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …


Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player Jan 1997

Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player

University of Richmond Law Review

Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.