Case Review

GB541| UNIT 4 CASE STUDY | Hazen account Co. vs. Biggins| Travis Dorso 5/22/2012 | Walter Biggins was bited at 62 years old, nevertheless weeks in the first placehand the gift off was to vest. Biggins filed a lawsuit in federal court. The circumstance was done to a jury, who rendered a finding of fact in regard of Biggins. The jury specifically found that Hazen Paper willfully profaned the ADEA (Age Discrimination in Employment Act). However, the govern 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 starting signal of which was whether an employers interference with the vesting of pension benefits violates the ADEA. On that issue the deal to took ail to note that the ADEA only protects people fo und on their maturate. 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 resist 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 payment 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 solitude Income Security Act of 1974. In turn, the Court noted that its memory 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 such(prenominal) a termination would violate the ADEA. The Court then travel on to the...If you want to get a full essay, tell it on our website: OrderCustomPaper.com

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