The USSupreme Court will not review the decision of the Third Circuitapplying the Age Discrimination in Employment Act (ADEA) tomedical benefit plans for retirees. Under ADEA, it is unlawfulfor an employer to discriminate against an employee on the basisof age with respect to the terms and conditions of employment.The Third Circuit found that retirees who alleged that anemployer was providing less valuable health benefits to Medicareeligible retirees than to non-Medicare eligible satisfied thethreshold for establishing an ADEA claim.

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