Law360, New York (January 7, 2008, 12:00 AM EST) -- The U.S. Equal Employment Opportunity Commission and Kentucky's state retirement system clashed before the U.S. Supreme Court Wednesday, arguing over whether the use of age as a factor in a retirement plan is arbitrary and thus means the plan is facially discriminatory in violation of the Age Discrimination in Employment Act.
Robert D. Klausner, who represents petitioner Kentucky Retirement Systems, said Wednesday afternoon that the oral arguments went well, though he stopped short of predicting how the nation's highest court might rule.
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