Posted: 3/18/2008

In June 2007, a panel of the U.S. Court of Appeals for the Third Circuit unanimously upheld an Equal Employment Opportunity Commission (“EEOC”) regulation that would exempt Medicare carveouts for retiree health benefits from the prohibition in the Age Discrimination in Employment Act (“ADEA”). See AARP v. EEOC,489 F.3d 558 (3rd Cir. 2007), petition for cert. filed November 19,2007. In doing so, the Third Circuit

affirmed the EEOC’s authority, granted in the ADEA, to make exceptions that are both “reasonable” and “necessary and proper in the public interest.”

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This article has been posted with the permission of the American Bar Association. This article originally appeared in the Tort, Trial, Insurance Practice, Winter 2008 Committee News. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.