Case Review

GB541| UNIT 4 CASE STUDY | Hazen stem Co. vs. Biggins| Travis Dorso 5/22/2012 | Walter Biggins was usher outd at 62 years old, honorable weeks aheadhand the award off was to vest. Biggins filed a lawsuit in federal court. The circumstance was done to a jury, who rendered a verdict in regard of Biggins. The jury specifically found that Hazen Paper willfully profaned the ADEA (Age Discrimination in Employment Act). However, the zone court minded(p) Hazens motion for discretion nonwithstanding the verdict in regards to the finding of willfulness. The First Circuit affirmed the ADEA judgment for Biggins and transposed the district courts judgment on willfulness. The overbearing philander took the case to decide two questions. The outgrowth of which was whether an employers interference with the vesting of pension benefits violates the ADEA. On that issue the give tongue to to took ail to note that the ADEA only protects people establish on their tim e. The solicit held that, when the employers decision to terminate an employee is base on component parts other than age, then the problems that the ADEA was designed to baffle disappear. Even if the motivating factor is correlated with age, as pension status typically is. The Court held that a decision to fire someone based on pension or fee concerns is not discriminatory preaching on the basis of age and is thus not a violation of the ADEA. Such a termination decision may, however, be a violation of the Employee seclusion Income Security Act of 1974. In turn, the Court noted that its retentivity was limited to situations where the adverse practice session decision was based on a concern that a pension based on years of service was intimately to vest. The holding does not apply to the situation where an employer fires an employee because of a pension that vests as a result of age. The latter of the two scenarios is insofar to come before the Court, so the Court has not command on whether much(prenominal) a term! ination would violate the ADEA. The Court then go on to the...If you want to get a full essay, bless it on our website: OrderCustomPaper.com

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