Equal Employment Opportunity Commission v. Johnson & Higgins, Inc.

I respectfully dissent.

A

The contractual arrangement challenged here by the EEOC is one that bestows on the directors of J & H — the supposed victims of invidious discrimination — privileges and powers held by few persons in the corporate world. Specifically, they acquire a substantial ownership stake in the firm, a share in its considerable profits, a seat on the board of directors, and a long-term payout of profits enjoyed upon retirement. Integral to this arrangement, J & H’s directors agree to retire at age 60 or 62, depending on their length of service. In this way, the ownership of the…