Living-Today: Issues of modern living

AGE DISCRIMINATION

The U.S. Supreme Court heard argument Wednesday on whether to broaden the scope of the federal law against age discrimination in employment in a case that will affect workplaces across the country.

At issue in the case out of Florida is whether a business decision that adversely affects workers 40 years old and older violates the law, even without proof of motive.

A couple of legal-speak terms are important in the case: "facially neutral" and "disparate impact." A business decision can be "facially neutral" -- it can on the surface look like business as usual. But it can also have a "disparate impact" on older workers -- its main effect is to harm older workers.

The Age Discrimination in Employment Act (ADEA) of 1967 bans a wide variety of discrimination in job decisions, such as hiring, firing or promoting. It also forbids an employer from classifying "his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age."

ADEA is backed up by the Older Workers Benefit Protection Act of 1990, which says an individual cannot unknowingly waive rights and benefits, and the 1964 Civil Rights Act and the 1963 Equal Pay Act.

The case before the Supreme Court involves the Florida Power Corp., which operated as a publicly regulated electric utility until 1992, when Congress opened the industry to competition. The company went through a series of reorganizations it said were necessary to allow it to compete and which included terminations of employees. However, more than 70 percent of the employees terminated were at least 40 years old.

The "Adams Group" -- former employee Wanda Adams heads the list -- is a coalition of 117 former Florida Power employees over 40. They sued the company under the ADEA, seeking to represent a whole class of 40-and-over employees who lost their jobs during reorganization.

At trial, a federal judge ruled that "disparate impact" cases -- in which plaintiffs seek to show their class was hit hard by a company decision, while other classes were not, regardless of intent -- could not be brought under ADEA. A federal appeals court agreed.

However, the appeals court panel also noted disparate impact cases are allowed under the ADEA by three of the 12 geographic circuit appeals courts, and not allowed in four others. After the Adams Group petitioned the justices -- disagreements among the circuit appeals courts is one usual way to get high court review -- the Supreme Court agreed to hear argument and decide the case.

Key Biscayne, Fla., attorney John Crabtree, representing the Adams Group, told the justices that under the plain meaning of the law, motive does not have to be proven, but can be inferred from the effect of a business decision.

"You're going to get a lot of innocent employers" into court that way, Justice Antonin Scalia told Crabtree from the bench. Crabtree replied that innocent employers could defend themselves by showing that a decision was driven by "reasonable" factors.

Speaking for Florida Power, Washington attorney Glen Nager also pointed to the language of the ADEA. He insisted that the position of the comma before the phrase "because of such individual's age" indicated that the language referred to motive, not effect.

A decision from the Supreme Court should be handed down in the next several months.

AIRPORT CONCESSIONS

The recent good news about the economy and signs the airline business is improving have produced some mild optimism among operators of the restaurants and shops that sell food, magazines and souvenirs in the nation's airports.

Concessions revenue dropped as much as 40 percent in the aftermath of the Sept. 11 terrorist attacks in New York and Washington. Nine companies operating 2,225 businesses at U.S. airports laid off 9,650 employees, a third of the workforce, Airports Council International reported. Revenue totaling $854 million is expected to be lost.

But all that may be changing.

"We've been very encouraged by the pace of the recovery in the last 4-6 weeks," said David Milobsky of Marriott's HMS Host, one of the nation's largest concessionaires. "But the general story hasn't changed that much. There is cautious optimism, but security for flights is still a problem."

Sheldon Klapper, president of the Center for Airport Management in Portland, Ore., is more upbeat. "We continue to see signs of improvement. No. 1, passenger traffic is coming back. No. 2, people have slightly adjusted their attitudes," he said. "They now expect a small amount of hassle at the airport. They're not as stressed about it. They can get shopping done and things like that."

Klapper said airlines are increasing their numbers of flights as spring approaches, something that happens every year but nevertheless is a good sign.

A phenomenon known as "dwell time" has helped the concessionaires to a degree. That's the time passengers spend waiting for their flights because of security precautions. While passengers are killing time, many of them eat full meals or spend a little time shopping.

"Sometimes there is extensive dwell time because people get through security quickly," Klapper said. "Those airports that have facilities on the air side benefit from what I call boredom replacement sales -- food, beverages, alcohol, news stand sales, buying the second magazine."

Businesses outside the security checkpoints suffered the most, and still do, as passengers rushed to take their place in the long security lines. They don't start spending until they reach the ramp areas.

Airports where Southwest Airlines operates are thankful for its presence. Southwest did not cut any of its flights and it doesn't serve food. "Everyone knows there's no meals on Southwest planes so they'll eat at the airport before boarding," said Patricia Miller Anton, president of Anton Airfood Inc. in Norfolk, Va.

(Thanks to UPI's Les Kjos in Miami)

FUNERAL ARRANGEMENTS

The head of the National Funeral Directors Association says recent incidents at a crematory in Georgia and at cemeteries in two other states have sent a wake-up call to the industry.

NFDA president Robert F. Vandenbergh said he feared accusations of bodies scattered in the woods, recycled graves or bodies being desecrated would cause the public to lose faith in the funeral industry's ability to care for passed loved ones.

"Our business is always based on trust," he said.

The remains of approximately 400 people who were supposed to be cremated at the Tri-State Crematory in Noble, Ga., were discovered last month scattered or buried in the woods. Last year, the Menorah Gardens Funeral home in West Palm Beach, Fla., was accused of digging up old graves, only to then scatter the remains in the woods in order to create space for new bodies. And last January in Lake Elsinore, Calif., crematorium operator Francis Brown was charged with dismembering corpses so she could sell body parts to universities for research purposes, later cremating the rest of the bodies.

Vandenbergh said the NFDA, the world's largest funeral service organization, is going to hold its first Funeral Service Consumer Protection Forum Thursday in Washington, D.C. It will bring together funeral service leaders such as funeral directors, cemetery operators, cremationists, regulators, and representatives from consumer groups, including the AARP, FTC and International Funeral and Cemetery Association.

The all-day event will be a brainstorming session that will address how to ensure the funeral service industry will provide high standards of consumer care.

The General Accounting Office, at the request of Rep. Mark Foley , R-Fla., is expected to launch an investigation into funeral practices within two months, with the blessing of the NFDA.

Vandenbergh said the NFDA is also looking at ways to ensure that states are enforcing the laws and regulations on funeral homes and crematoriums. "All but eight states have rules on the books," he said. "There is a need to pinpoint stronger state regulations."

The eight states that do not have any regulations on the books are: Maryland, Connecticut, Louisiana, Pennsylvania, Vermont, Hawaii, Wisconsin, and West Virginia. The District of Columbia itself also does not have any regulations mandating procedures.

(Thanks to UPI's Kathleen McLeod in Washington)

NOWRUZ

Kurds in Turkey, Iraq, Iran and Syria are preparing to celebrate Nowruz, the solar New Year, Thursday.

The freest celebrations will take place in Iraqi-controlled Kurdistan, which has enjoyed de facto autonomy from Baghdad for the past decade. The regional Kurdish leaders -- Masud Barzani of the Kurdistan Democratic Party and Jalal Talabani of the Patriotic Union of Kurdistan -- will officiate over several days of celebrations that will involve picnics, music and dancing, young men jumping through fires and everyone promenading in their finest attire.

Adnan Mufti, deputy prime minister in the PUK area, said Nowruz has a special meaning for Iraqi Kurds. The holiday coincides with the 1991 insurrection that temporarily freed the city of Kirkuk from Baghdad's authority following its defeat against U.S.-led forces in the Gulf War.

In Turkey, the authorities have given permission for Kurds to hold celebrations in Diyarbekir, the largest city in the Kurdish area. Local authorities are expecting European parliamentarians and non-governmental organization officials to be visiting for the holiday.

The Turkish Kurds were banned from celebrating Nowruz last year and riot police will be standing by Thursday to prevent any unlicensed gatherings.

In Iran, the Kurdish minority shares Nowruz with the dominant Persians. Nowruz is an official holiday in Iran, celebrated over 13 days. However, this year Nowruz coincides with Ashura Muharram. While Nowruz is a time for rejoicing, Ashura is the darkest day in the Shia Muslim calendar, the anniversary of the martyrdom of the Imam Hussein, grandson of the Prophet Muhammad.

There has been debate in Iran as to whether Nowruz should be celebrated or ignored out of respect for Ashura with its traditional penitential acts, such as self-inflicted wounds. So far public opinion appears to favor allowing the celebration of Nowruz, observers say.

The readiness of the Baath regime in Syria, which has the smallest part of Kurdistan, to deal harshly with opposition has resulted in Kurds there maintaining a lower profile than in other parts of their homeland. Nevertheless, Nowruz is celebrated as a popular feast, attended by local representatives of the Damascus government.

While there are no reliable populations figures, Kurds living in the states that share their homeland are estimated to total at least 24 million -- with 12 million or more in Turkey, 4.5 million in Iraq, perhaps as many as 6 million in Iran, and more than 1.5 million in Syria. In addition, there are up to 1 million Kurds living in Lebanon, Germany, Sweden, Australia and the United States.