Assignment 2: Case Review
Hazen Paper Co. v. Biggins 507 U.S> 604 (1993)
You are to read this case in its entirety. Your response should be in the form of a 3-5 page analysis of the case by answering the 3 questions below:
1. Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired.
2. Aren’t workers close to vesting more likely to be older workers? And if so then do you believe that an employer can use a category “close to vesting” to avoid liability under the ADEA?
3. If an employer did terminate a group of individuals on the basis of their being close to vesting with the intention of getting rid of older workers, what type of evidence would the employees/plaintiffs be able to use to provide the unlawful intent?