Pension Plans
I found this article on nytimes.com today, and I believe it is relevant to our discussion today in class. I understand that the main reason for withholding pensions is an economic reason, but isn't a pension based on age? Does anyone else find this to be giving an unfair advantage to employers? If social security and pension plans are unreliable, what are we supposed to retire with?
posted by Ryan E Gralia at
6:36 PM
1 Comments:
I do agree that there is a close correlation between pension plans and age. However the courts necessarily distinguish the difference between age discrimination and other forms of discrimination (like firing and employee because he is "close to vesting"). The ADA only protects against age discrimination but other acts like the ERISA-Employee Retirement Income Security Act- DO protect against such unfavorable actions like firing someone primarily because s/he is close to vesting on their pensions.(See the ERISA link for more details). This distinction is somewhat minor, but it makes a big difference in the legal test.
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