Dilla v. West

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

The difficult legal issue raised by this lawsuit is whether, under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C.A. §§ 621-634, an employer may consider a job candidate’s eligibility for retirement in deciding whether to hire the candidate, where retirement eligibility and age are directly correlated, and cannot be independently analyzed. For the reasons that follow, the court concludes that retirement eligibility may be considered under such circumstances, provided the employer does not base his decision upon inaccurate…