Lincoln Memorial by Long Island Attorney Paul A. Lauto, Esq.
Our age discrimination laws are well settled in the workforce and in place for good reason. According to the U.S. Equal Employment Opportunity Commission (EEOC), " An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age." This is a loaded sentence to say the least, starting with the arbitrary nature of the applicable age 40 red line. But what constitutes a "reasonable factor" and how old is too old when it comes to nationally critical jobs such as those held in Congress and the United States Supreme Court (USSC)?
Our Senators, House Representatives and USSC Justices hold perhaps some of the most important jobs on a national level, that generally require them to be both mentally and physically fit at all times. As we are all painfully aware, it is no secret that the human body declines both mentally and physically with age. Therefore and in accordance with the EEOC's own language, it would seem reasonable to restrict the age until which such jobs can be held. Notwithstanding, our Senators, Representatives and USSC Justices have no such limitation and seemingly can hold on to their jobs like they were the Pope.
Among the oldest in the United States Senate is John McCain who turns 82 years old at the end of this month, in the U.S. House of Representatives is Maxine Waters at age 80 and in the USSC is Justice Ruth Ginsburg at age 85. John McCain served in the House of Representatives from 1982 to 1986 when he became a U.S. Senator. McCain remains as Senator to this day despite an elongated absence from the job due to battling terminal brain cancer.
Maxine Waters was elected to her fourteenth term in the U.S. House of Representatives in November 2016. Waters has worked in public service for 37 years, but most recently many believe that her logical reasoning skills have eroded significantly. Justice Ginsburg has been sitting on the USSC since she was appointed by President Clinton back in 1993 and recently proclaimed that she plans on remaining a USSC Justice for at least another five years. This proclamation is notwithstanding reports that she has been known to fall asleep on the bench during oral arguments. When a Senator won't vacate his seat even when battling terminal brain cancer at age 82 with virtually no hope of returning to the job and an 85 year old Justice who arguably falls asleep in the middle of a case won't retire, it is time to impose some type of term/age limits.
Most Americans view retirement age to be somewhere between 65 and 70 years of age. Therefore, it would seem very fair and reasonable to at least impose compulsory retirement on those holding nationally critical jobs such as Senators, Representatives and USSC Justices at age 80. When people hold on to such nationally critical jobs for political, selfish or corrupt reasons, it is literally and figuratively at the expense of the American people. Term limits and retirement age limits may effectively remedy some of the core problems in our government and political system and is something that should receive the bipartisan support of the American people. If you believe in term/age limits call your congressman, sign a petition and vote life long career politicians out of office. As we are reminded by Abraham Lincoln, it is time to take back our government because "Government of the people, by the people, for the people, shall not perish from the Earth."
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
Our age discrimination laws are well settled in the workforce and in place for good reason. According to the U.S. Equal Employment Opportunity Commission (EEOC), " An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age." This is a loaded sentence to say the least, starting with the arbitrary nature of the applicable age 40 red line. But what constitutes a "reasonable factor" and how old is too old when it comes to nationally critical jobs such as those held in Congress and the United States Supreme Court (USSC)?
Our Senators, House Representatives and USSC Justices hold perhaps some of the most important jobs on a national level, that generally require them to be both mentally and physically fit at all times. As we are all painfully aware, it is no secret that the human body declines both mentally and physically with age. Therefore and in accordance with the EEOC's own language, it would seem reasonable to restrict the age until which such jobs can be held. Notwithstanding, our Senators, Representatives and USSC Justices have no such limitation and seemingly can hold on to their jobs like they were the Pope.
Among the oldest in the United States Senate is John McCain who turns 82 years old at the end of this month, in the U.S. House of Representatives is Maxine Waters at age 80 and in the USSC is Justice Ruth Ginsburg at age 85. John McCain served in the House of Representatives from 1982 to 1986 when he became a U.S. Senator. McCain remains as Senator to this day despite an elongated absence from the job due to battling terminal brain cancer.
Maxine Waters was elected to her fourteenth term in the U.S. House of Representatives in November 2016. Waters has worked in public service for 37 years, but most recently many believe that her logical reasoning skills have eroded significantly. Justice Ginsburg has been sitting on the USSC since she was appointed by President Clinton back in 1993 and recently proclaimed that she plans on remaining a USSC Justice for at least another five years. This proclamation is notwithstanding reports that she has been known to fall asleep on the bench during oral arguments. When a Senator won't vacate his seat even when battling terminal brain cancer at age 82 with virtually no hope of returning to the job and an 85 year old Justice who arguably falls asleep in the middle of a case won't retire, it is time to impose some type of term/age limits.
Most Americans view retirement age to be somewhere between 65 and 70 years of age. Therefore, it would seem very fair and reasonable to at least impose compulsory retirement on those holding nationally critical jobs such as Senators, Representatives and USSC Justices at age 80. When people hold on to such nationally critical jobs for political, selfish or corrupt reasons, it is literally and figuratively at the expense of the American people. Term limits and retirement age limits may effectively remedy some of the core problems in our government and political system and is something that should receive the bipartisan support of the American people. If you believe in term/age limits call your congressman, sign a petition and vote life long career politicians out of office. As we are reminded by Abraham Lincoln, it is time to take back our government because "Government of the people, by the people, for the people, shall not perish from the Earth."
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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