surance argued that this is an oversight that Congress should quickly correct if it wants to preserve the shrinking number of employer-provided retiree health care plans. In particular, if Congress does not address the ruling, employers may have no alternative but to minimize their liability by cutting back on the benefits they offer through retiree health care-or by not offering such benefits at all (Anonymous, 2000, p. 8).
In another recent case, Loral Corporation in California needed to downsize its payroll so it targeted older employees because they generally earned more than Loral's younger employees did. Loral contended that it was not discriminating based on age. Rather, it was laying off its higher paid workers for business reasons. The California Supreme Court agreed that what Loral did was acceptable and not prohibited under the ADEA (Zall, 2000, p. 3941).
Similarly, a federal appeals court in Manhattan upheld a Long Island school district'
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