NCJ Number
59551
Date Published
1978
Length
100 pages
Annotation
A FEDERAL LAW PROHIBITING COMPULSORY RETIREMENT FOR MOST EMPLOYEES PRIOR TO AGE 70 IS EXAMINED, TOGETHER WITH DEVELOPMENTS IN THE ENFORCEMENT OF LAWS PERTAINING TO AFFIRMATIVE ACTION FOR THE HANDICAPPED AND VETERANS.
Abstract
THE DOCUMENT IS A SUPPLEMENT TO A MONOGRAPH ON FEDERAL LAWS PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT AND REQUIRING FEDERAL CONTRACTORS TO TAKE AFFIRMATIVE ACTION IN HIRING HANDICAPPED PERSONS AND DISABLED AND VIETNAM-ERA VETERANS (SEE NCJ-59550). AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT WHICH CHANGE THE AGE LIMIT FOR MANDATORY RETIREMENT FROM 65 TO 70 AND ADD NEW PROCEDURAL REQUIREMENTS FOR THE PROCESSING OF DISCRIMINATION CLAIMS ARE ANALYZED. THE PROVISIONS OF THE AMENDMENTS, RELATED PROCEDURAL ISSUES, AND THE POTENTIAL IMPACT OF THE AMENDMENTS ON EMPLOYEE BENEFIT PLANS AND PERFORMANCE EVALUATION ARE DISCUSSED, WITH DETAILED ATTENTION TO IMPACT ON PENSION PLANS, DEATH BENEFIT PLANS, LONG-TERM DISABILITY, AND MEDICAL BENEFIT PLANS. THE SUPPLEMENT ALSO REVIEWS CHANGES IN THE ENFORCEMENT OF THE REHABILITATION ACT OF 1973 (AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS) AND THE VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974 (AFFIRMATIVE ACTION FOR DISABLED AND VIETNAM-ERA VETERANS) NOTING THAT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE (OFCC) HAS COMBINED THE TWO LAWS IN ONE ENFORCEMENT EFFORT AND HAS ADOPTED A PROACTIVE STRATEGY OF COMPLIANCE REVIEWS. ATTENTION IS ALSO DIRECTED TO CASES THAT MAY EFFECT THE DEFINITION OF 'HANDICAPPED' AND 'REASONABLE ACCOMMODATION' UNDER THESE LAWS. A COPY OF THE MANDATORY RETIREMENT AMENDMENTS, WORK FORCE STATISTICS, AN OUTLINE OF OFCC COMPLIANCE PROCEDURES AND OTHER SUPPORTING MATERIALS ARE INCLUDED.