Hazen Paper Co. v. Biggins 507 U.S. 604 (1993). Do you agree with the court that age and years of service are
sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired?
2. Aren’t workers close to vesting more likely to be older workers? And, if so, then do you believe that an employer can use the category “close to vesting” to avoid liability under the ADEA?
3. If an employer did terminate a group of individuals on the basis of their being close to vesting with the intention of getting rid of older workers, what type of evidence would the employees/plaintiffs be able to use to prove the unlawful intent?
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