Legal Opinion

Auerbach v. Board of Education of Harborfields Central School District

Court of Appeals for the Second Circuit

Decided January 12, 1998No. 1540, Docket 96-9197PublishedCited by 2 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge.

We are called upon in this case to determine the validity of an early retirement incentive plan for teachers employed at a Long Island, New York, school district. The critical question is whether the plan discriminates against older teachers in a manner that violates federal law prohibiting discrimination in employment on account of age. Age discrimination law has not been tried and found wanting, but rather has been tried and found difficult to construe as Congress wants. Because the federal courts have not successfully construed this statute, they must, in the…

2Cases cited14 opinions

  1. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  2. Hazen Paper Co. v. BigginsSupreme Court of the United States · 1993
  3. North Carolina v. RiceSupreme Court of the United States · 1971
  4. Public Employees Retirement System of Ohio v. BettsSupreme Court of the United States · 1989
  5. United Air Lines, Inc. v. McMannSupreme Court of the United States · 1977

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3Cited by2 opinions

  1. Auerbach v. Board Of Education Of The Harborfields Central School DistrictCourt of Appeals for the Second Circuit · 1998
  2. Equal Employment Opportunity Commission v. Hickman Mills Consolidated School District No. 1District Court, W.D. Missouri · 2000

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