Friday, June 20th, 2008

Alaska Supreme Court: Schiavo-like Case

In an unpublished order issued yesterday, the Alaska Supreme Court addressed the powers of a guardian of a ward whose physicians proposed to withhold lifesaving procedures.  The Office of Public Advocacy had taken the position that it “does not participate in end-of-life decisions for any of its clients.”  The Court construed AS 13.26.150(e)(3) to require a […]

Friday, June 20th, 2008

Texting with the Court: RFOA, BFOQ: United States Supreme Court Clarifies Burden of Proof in Age Discrimination Exemptions

Introduction
The United States Supreme Court issued an opinion yesterday, June 19, 2008, in Meacham v. Knolls Atomic Power Laboratory addressing the burden of proof on establishing reasonable factors other than age (”RFOA”) in Age Discrimination in Employment (”ADEA”) cases. This summary briefly reviews the case and its significance.

The Case

This is actually the second time that […]

Friday, June 20th, 2008

USSCt: Approves Retirement Plan That Uses Age as Factor

Introduction
The United States Supreme Court issued an opinion yesterday, June 19, 2008, in Kentucky Retirement Systems v. EEOC in which the Court reversed an en banc panel of the Sixth Circuit, and held that Kentucky’s retirement plan did not violate the Age Discrimination in Employment Act (ADEA) even though it used age as a factor, […]