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Shamus O'Meara and Mark Azman Co-Author National School Boards Association Amicus Brief to U.S. Supreme Court in Age Discrimination Case
Shamus O'Meara and Mark Azman recently co-authored the Brief of Amicus Curiae National School Boards Association in a case before the U.S. Supreme Court entitled Kentucky Retirement Systems, et. al v. Equal Employment Opportunity Commission. The case involves a 6th Circuit Court of Appeals decision finding age discrimination under the Age Discrimination in Employment Act in a statewide public retirement program that uses age and years of service in the determination of retirement and disability benefits.
Writing in support of petitioner Kentucky Retirement Systems, the NSBA argued that using age as a factor in determining benefits, without any age-based animus or stereotypes, is not age discrimination, and that such voluntary, collectively bargained for public retirement programs should be recognized and promoted. Many school districts across the country use voluntary early retirement benefit programs where benefits are calculated according to age and years of service. The NSBA cautioned that finding these plans discriminatory could needlessly jeopardize the financial stability of school districts and eliminate a valuable benefit to public employees. Retirement plans, the NSBA contended, should not be set aside where the plans were developed through the joint efforts of both unions and management with the goal to allow employees to voluntarily retire early while saving public funds. Oral argument in the case is scheduled for January 8, 2008 before the Supreme Court in Washington, D.C.
Please contact Shamus or Mark with any Education Law inquiries.
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