PENSION INTERFERENCE DOES NOT CONSTITUTE VIOLATION OF THE ADEA - HAZEN-PAPER-CO V BIGGINS

Citation
T. Brown et R. Montellaro, PENSION INTERFERENCE DOES NOT CONSTITUTE VIOLATION OF THE ADEA - HAZEN-PAPER-CO V BIGGINS, Employee relations law journal, 19(3), 1994, pp. 187-196
Citations number
NO
Categorie Soggetti
Industrial Relations & Labor",Law
ISSN journal
00988898
Volume
19
Issue
3
Year of publication
1994
Pages
187 - 196
Database
ISI
SICI code
0098-8898(1994)19:3<187:PIDNCV>2.0.ZU;2-A
Abstract
The United State Supreme Court recently held in Hazen Paper Co. v. Big gins that there is no disparate treatment under the ADEA when the fact or motivating an employer is some feature other than the employee's ag e. The Court found that the discharge of an employee protected by the ADEA occurring a few weeks before his pension was to vest does not est ablish a violation of the Act. In so holding, the Court clarified the standard of willfulness for purposes of awarding liquidated damages un der the ADEA as requiring a showing that the employer knew or showed r eckless disregard for whether its conduct was prohibited by the Act. T his article reviews the facts and analysis of that decision.