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Assignment: Case Study Hazen Paper Co. v. Biggins 507 U.S 604 (1993) pages 626–627 in Employment Law for Business (9th ed.). You are to read this case in its entirety. You are then to answer the case questions found on page 581. Your response should be in the form of a 3–5 page (excluding title and reference pages) analysis of the case. Review the grading rubric for additional details. For this assignment, you are to use your textbook and library resources, such as the Library, to conduct research into the issues in this case. You are allowed to use any professional and academic literature to support your findings. This case review should be 3–4 double spaced pages in length (excluding title and reference pages) and include citations of your references other than those you have covered in the course (such as the assigned reading articles and textbook). All references and citations should follow APA format. See Case Study Hazen Paper Co. v. Biggins

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Case Study Case Study Hazen Paper Co. v. Biggins

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Introduction

            The Age Discrimination in Employment Act (ADEA) was enacted to protect employees from being subjected to discrimination based on age. Its passage was meant to promote employment of older persons based on their ability as opposed to age(Bennett-Alexander & Hartman, 2016).  In the case study Hazen Paper Co. v. Biggins 507 U.S. 604 (1993), the Supreme Court of the United States was called upon to address a split in the circuit courts of appeals. The Supreme Court observed that an employer does not breach ADEA when the decision to dismiss an employee was based on factors and not the age.

            The evidence presented before the Supreme Court showed that Hazen Paper Co. terminated the services of Biggins to prevent him from vesting in his pension. The court observed that Biggin’s pension was due in few weeks and the employer violated the ADEA when it terminated his employment. When making the decision, the Supreme Court determined that “age and years of service are analytically distinct”(Bennett-Alexander & Hartman, 2016). Therefore, it was not correct for Hazen Paper Co. to claim that the decision based on years of service is necessarily aged-based. The court also, found that under ADEA, there is no disparate treatment especially when the motivating factor is other issues than employee’s age.

The Court Decision

            I don’t agree with the court’s decision because the judges use exclusionary argument by separating between the year of services and age. The underlying reason for the action seems to encourage age discrimination as opposed to an individual breaking a confidentiality(Hazen Paper Co. v. Biggins, 1993). It is important to note that plaintiff would have not seek court redress if the employer had vested in his retirement. The action of the employer would have led to plaintiff to miss out on his retirement benefits(EEOC, 2002). This means that the actions of employer to terminate the employment of the plaintiff means compromising the many years he has worked with the company by preventing him to receive full retirement benefits. From court proceedings, it is evident that the plaintiff had remain with few weeks to received his retirement benefits.

            It is challenging to separate the years an employer has worked and the age especially by the common citizen. For example, an employee who joint the company in his 20s and worked for 20 years cannot be distinguished between an employee who joint the workforce at early 30s and worked for 20 years. However, the decision of the court seems that it needed to determine the age and ruled out employee getting old. The court separated the linkage between years of services and the actual age of the employee. By linking the vesting to aging means that the employees are protected until they get the retirement age. This move would breath…………………………………………………………………………………………………

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