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AUERBACH v. THE BOARD OF EDUC.

No. 1540, Docket 96-9197.

136 F.3d 104 (1998)

Muriel AUERBACH, Antoinette Brink, Elizabeth Clines, Faith Dessauer, Muriel Gruff, Irwin Halpern, Ronald Hoff, Paul H. Johnson, Pasquale J. Marra. Nancy Monje, Gloria Schnur, Marie Tanchuck, Patricia S. Williams, and Jennifer Zimmer, Plaintiffs-Appellants, v. THE BOARD OF EDUCATION OF THE HARBORFIELDS CENTRAL SCHOOL DISTRICT OF GREENLAWN, Greenlawn, New York, United Teachers of Harborfields, and William Thomsen, in his capacity as President of the United Teachers of Harborfields, Defendants-Appellees.

United States Court of Appeals, Second Circuit

Decided January 12, 1998.

Attorney(s) appearing for the Case

Robert M. Rosen, Hempstead, New York (David S. Feather, Douglas D. Scherer, Rosen, Leff, Hempstead, New York, of counsel), for Plaintiffs-Appellants.

Mona N. Glanzer, Mineola, New York (Mark N. Reinharz, Rains & Pogrebin, P.C., Mineola, New York, of counsel), for Defendant-Appellee Board of Education of the Harborfields Central School District of Greenlawn.

Merril Schapiro Biscone, Uniondale, New York (Evan H. Krinick, Rivkin, Radler & Kremer, Uniondale, New York, of counsel), for Defendants-Appellees United Teachers of Harborfields and William Thomsen.

Jay Worona, General Counsel, New York State School Boards Association, Albany, New York, filed a brief Amicus Curiae for The New York State School Boards Association, Inc.

Cathy Ventrell-Monsees, Melvin Radowitz, American Association of Retired Persons, Washington, DC; Douglas H. Hedin, National Employment Lawyers Association, Minneapolis, Minnesota, filed a brief Amici Curiae for the American Association of Retired Persons and The National Employment Lawyers Association.

Before WINTER, Chief Judge, CARDAMONE, and ALTIMARI, Circuit Judges.

CARDAMONE, Circuit Judge.

We are called upon in this case to determine the validity of an early retirement incentive plan for teachers employed at a Long Island, New York, school district. The critical question is whether the plan discriminates against older teachers in a manner that violates federal law prohibiting discrimination in employment on account of age. Age discrimination law has not been tried and found wanting, but rather has been tried and found difficult...

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