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The Age Discrimination in Employment Act of 1967 is legislated in order to protect the rights of the employees against discrimination on the basis of age. As defined by the U.S. Equal Employment Opportunity Commission, “age discrimination involves treating someone less favorably because of his age”. In accordance with this legislation, the employers must be careful in handling their staff and take into consideration this law particularly when hiring, firing, paying, giving particular work tasks, granting promotions, etc to the employees.
Another related law is the Older Workers Benefit Protection Act of 1990 which particularly protects the rights of the employees to acquire their benefits from their employers.Criswell and Starley, the plaintiffs, filed complaints against Western Air Lines arguing that the airlines’ standard requiring under-age-60 qualification for their pilots violated ADEA. Both the plaintiffs after celebrating their 6oth birthdays applied for reassignments as flight engineers the application was denied due to the reasons that the plaintiffs were members of Western Airlines’ retirement plan.
In the jury, the defendant attests the complaint explaining the standards as based on BFOQ or bonafide occupational qualification. The airline argued for Western’s enterprise for their passengers’ safe transportation. However, the court’s verdict favors the complainants stating that Westerns’ BFOQ is insufficient as basis of the standard.. In the jury, the defendant attest the complaint explaining the standards as based on BFOQ or bonafide occupational qualification (procon.org). The airline argued for Western’s enterprise for their passengers’ safe transportation.
However, the court’s verdict favors the complainants stating that Westerns’ BFOQ is insufficient as basis of the standard. Western Airline appealed again and so the Supreme Court granted review of the case. The hearing follows as the jury reviewed petitioners appeal as backed up by the said company’s intention public safety. In the end however, the petitioners’ claim for implementing under-age-60 standard was regarded reasonable and thus, the case became a landmark for revising ADEA adding BFOQ as exception to the age discrimination act (procon.org). In this case, we see that the court has carefully weighed the respondents and the petitioners claim regarding Age Discrimination Act of 1967.
Thus, I agree to the decision of evaluating the Airline as exempted kind of business in implementing ADEA. Hazen Paper v. Biggins The plaintiff named Walter Biggins filed a suit against his employer and its two owners accusing them of age discrimination as grounds for his termination (91-1600), 507 U.S. 604 (1993). Biggins, a sixty-two year-old employee, was fired by Hazen Paper Company after almost ten years of employment. Biggins claimed that his termination was clearly unlawful as he was seemingly fired intentionally just weeks before his tenth anniversary in the company; thus, consequently denying him of the company’s pension benefits.
In order to prove Beggins’ claim of disparate treatment, he must provide evidence that he was terminated due to his age. However, the
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