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University of Richmond

Journal

1997

OWBPA

Articles 1 - 2 of 2

Full-Text Articles in Law

Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper Jan 1997

Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper

University of Richmond Law Review

Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.


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 …