Supreme Court Ready to Hear Public Employee Disability/ADEA Case Tomorrow

Just a reminder that oral argument in Kentucky Retirement System v. EEOC is scheduled for tomorrow afternoon.

CCH Workweek provides this preview:

The Supreme Court hears oral argument on Wednesday, January 9 in Kentucky Retirement Systems v EEOC (Docket No 06-1037). The High Court will consider "whether any use of age as a factor in a retirement plan is 'arbitrary' and thus renders the plan facially discriminatory in violation of the Age Discrimination in Employment Act." A divided en banc Sixth Circuit held the EEOC established a prima facie showing that a disability retirement benefits plan for state and county employees was facially discriminatory on the basis of age. The Supreme Court granted cert on September 25, 2007.

We will follow up with an analysis of the oral argument transcript in the next couple days.

Our previous coverage is here and here. Look for a Supreme Court reversal of the Sixth Circuit.

PS