Kentucky Retirement: A Marked Victory For Employers

Law360, New York (September 3, 2008, 12:00 AM EDT) -- On June 19, 2008, the United States Supreme Court decided on Kentucky Retirement Income Systems v. Equal Employment Opportunity Commission, No. 06-1037 (June 19, 2008).

In a 5-4 decision that reversed a federal appeals court decision, the Court held that Kentucky’s disability retirement system does not violate the Age Discrimination in Employment Act (ADEA), even though it uses age as a factor to calculate benefits for disabled workers.

In Kentucky Retirement, the EEOC represented an employee who complained that the state's plan could result in granting...
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