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KUHAR v. GREENSBURG-SALEM SCH. DIST.

February 27, 1979

Raymond J. KUHAR, Plaintiff,
v.
GREENSBURG-SALEM SCHOOL DISTRICT, Defendant



The opinion of the court was delivered by: SIMMONS

MEMORANDUM OPINION, INCLUDING INTRODUCTION, FINDINGS OF FACT, DISCUSSION AND CONCLUSIONS OF LAW

A. INTRODUCTION

 Plaintiff, an employee of Defendant School District, alleged that his civil rights were violated by the defendant's avowed intention to apply its age 65 mandatory retirement policy to him, effective immediately after June 30, 1978.

 Plaintiff requested this Court to enjoin the Defendants from forcing him to retire on June 30, 1978 and from hiring a replacement for his position as an assistant principal in Defendant School District.

 After a hearing, the request for a Temporary Restraining Order was granted. The permanent injunction hearing was begun and a Motion dismissing Defendant, Robert Dovey from the case was granted. The hearing against the Defendant School District continued, and in due course this Court permanently enjoined said Defendant from terminating the employment of Plaintiff until the fiscal year of his employment in which he attains the age of 70 years, with costs on the Defendant. The Court gave the parties ten (10) days to move for a new Trial and/or to move to have the Court amend its Findings of Fact and Conclusions of Law.

 The matter has been briefed and argued by all parties and this Court makes the following amended Findings of Fact, Discussion, Amended Conclusions of Law, and Amended Final Order and Judgment.

 B. AMENDED FINDINGS OF FACT

 1. That the one and only Plaintiff in this case is Raymond J. Kuhar, age 65, who resides at R. D. No. 2, Box 615, Greensburg, Pennsylvania.

 2. That the one and only Defendant now in this case is the Greensburg-Salem School District situated in Westmoreland County, Pennsylvania.

 (Hereinafter, Raymond J. Kuhar shall be referred to as "Kuhar", and the Greensburg-Salem School District shall be referred to as "School District".)

 3. That for approximately the past thirty-two (32) years, Kuhar has been employed by the School District, and for over two (2) years he has been employed by the School District as an Assistant Principal at its Junior High School.

 4. That Kuhar has a Bachelor of Science Degree, a Master's Degree in School Administration, and has completed all of his credit work toward a Doctorate Degree.

 5. That Kuhar is doing a satisfactory job for the School District, and he is mentally and physically able and qualified to do his present job, and these facts are admitted by the Defendant School District.

 6. That Kuhar attained the age of 65 on August 27, 1977.

 7. That on April 6, 1978, the President of the United States signed into law the Age Discrimination in Employment Act Amendment of 1978, which had been passed by the United States Congress.

 8. That the Congressionally stated purpose of said Federal Act, which becomes effective January 1, 1979, is to reduce the incidence of mandatory retirement for workers in private, state and local employment, and to eliminate mandatory retirement on account of age for most federal workers. This purpose is being accomplished by raising the current upper age limit of 65 as set forth in the Age Discrimination in Employment Act of 1967 to age 70, removing the upper age limit of protection of federal workers and by clarifying the exemption for employee benefit plans to prohibit early mandatory retirement. Protections against all forms of age discrimination now prohibited by the Age Discrimination in Employment Act of 1967 will be extended to older workers in these expanded age groups.

 (a) That mandatory retirement based solely upon age is arbitrary and that chronological age alone is a poor indicator of ability to perform a job;

 (b) Mandatory retirement does not take into consideration actual differing abilities and capacities of workers;

 (c) Forced retirement can cause hardships for older persons through loss of roles and loss of income;

 (d) Older persons who wish to be re-employed have a much more difficult time in finding a new job than younger persons;

 (e) Society as a whole suffers from mandatory retirement;

 (i) Because as a result of mandatory retirement, skills and experience are lost from the work-force resulting in a reduced Gross National Product;

 (ii) Mandatory retirement adds a burden to Government Income Maintenance Programs, such as Social Security;

 (f) There is a strong evidence to support the proposition that mandatory retirement decreases the life expectancy of persons who are forced into retirement and that The right to work as long as one can work is ...


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