Employment Discrimination - Public Safety Employer's Diminishing BFOQ Burden in Age Discrimination Cases - EEOC v. Missouri State Highway Patrol
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INTRODUCTION|When Social Security was implemented in 1935, the age of retirement in the United States was arbitrarily set at sixty-five. In 1890, seventy percent of all sixty-five year-olds still worked; in 1972 this figure had dropped to twenty-one percent. The figure continues to drop. Contributing to this is the growth in productivity based on technological advancements which have reduced the number of jobs available. It was the public in 1935 that concluded that older employees had to become unemployed to make room for younger personnel entering the work force. An established trend of mandatorily retiring older employees has been confronted with the growing phenomenon in our society of an ever increasing life expectancy, attributable to better nutrition, disease control, health awareness, and improved medical technology...
18 Creighton L. Rev. 1211 (1984-1985)
Creighton University School of Law