An example of age discrimination in an early retirement incentive plan might arise if, for example, an employer offered $10,000 as a base early retirement incentive for 55-year-olds, $8,000 for 56-year-olds, and so on, and nothing to persons age 60 or older. The court in Solon v. Gary Community School Corp., 180 F.3d 844 (7th Cir. 1999), agreed with the EEOC that such plans amount to illegal age discrimination. This type of age-based payout is illegal because two otherwise similarly situated retirees would get different benefits based strictly on their different ages; as such, the plan conflicts with the explicit requirements of the statute.Discuss
(Answer must be one to two paragraph)