Congress must fix ADEA.(Age Discrimination in Employment Act)(Brief Article)

Business Insurance, September, 2000

IF THERE EVER WAS a court decision that calls for congressional intervention, a ruling last month by the 3rd U.S. Circuit Court of Appeals is it. As we reported, the court found that under the Age Discrimination in Employment Act, age discrimination suits can be brought against employers that provide lesser health care benefits to Medicare-eligible retirees than to other, younger retirees.

The ruling came as a shock to employers, which have long thought that ADEA applies only to employees and not to retirees. There is, in fact, good reason for employers to be surprised. In looking at the legislative history behind ADEA, it is clear that Congress intended that the law apply to the benefit programs offered to a company's active employees and not to its retiree...

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