Mandatory Retirement and the Constitution: Challenging the Factual Basis Underlying Legislative Classifications

VT Grizzard - Fla. St. UL Rev., 1982 - HeinOnline
VT Grizzard
Fla. St. UL Rev., 1982HeinOnline
This article anticipates certain developments in the law affecting decisions to retire from work
and suggests that the currently prevalent institution of mandatory retirement will evolve into a
practice of determining different points of actual disability for various individuals and
occupations. Such employment disability determinations will increasingly result from two
modes of decision. Regulatory agencies and courts will produce a patchwork of rules
establishing ages of retirement for different employment classifications. The promulgation of …
This article anticipates certain developments in the law affecting decisions to retire from work and suggests that the currently prevalent institution of mandatory retirement will evolve into a practice of determining different points of actual disability for various individuals and occupations. Such employment disability determinations will increasingly result from two modes of decision. Regulatory agencies and courts will produce a patchwork of rules establishing ages of retirement for different employment classifications. The promulgation of these rules will follow extensive proceedings conducted by appropriate rulemaking bodies. 1 Alternatively, case-by-case factfinding procedures will be utilized to determine when a person should retire. The second approach, emphasizing the differences among people in the context of their employment situations,
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