Kentucky Retirement Systems v. EEOC (2007)

Docket
06-1037
Decided
2007-01-01

Summary

Question: Is the use of age as a factor in a retirement plan "arbitrary" rendering the plan discriminatory on its face in violation of the Age Discrimination in Employment Act? Conclusion: No. Writing for a slim 5-4 majority, Justice Stephen Breyer held that the Kentucky system does not discriminate against workers who become disabled after becoming eligible for retirement based on age. According to Breyer, the circumstances of the case indicated that differences in treatment were not "actually motivated" by age but rather by pension status. He also noted that the ADEA treats system-wide rules involving pensions more flexibly than individual employment decisions. Justice Anthony Kennedy authored a dissenting opinion, arguing that age is in fact the deciding factor in determining disability benefits and that, therefore, the Kentucky plan violates the ADEA.

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