Application of ADEA to retiree health plans

The US Supreme Court will not review the decision of the Third Circuit applying the Age Discrimination in Employment Act (ADEA) to medical benefit plans for retirees. Under ADEA, it is unlawful for an employer to discriminate against an employee on the basis of age with respect to the terms and conditions of employment. The Third Circuit found that retirees who alleged that an employer was providing less valuable health benefits to Medicare eligible retirees than to non-Medicare eligible satisfied the threshold for establishing an ADEA claim.

Source: Erie County, PA v. Erie Co. Retirees Assoc. 20001 U.S. LEXIS 2135 (2001); Erie County Retirees Assoc. v. The County of Erie PA. 2000 U.S. App. LEXIS 18317 (3rd Cir. 2000). Howard Pianko, Epstein Becker & Green

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