Court of Appeals for the Seventh Circuit January 24, 1985, 83-3050 (Donald K. Trembath and Norman J. Loftus v. St. Regis Paper Company)

DUMBAULD, Senior District Judge.

In order “to promote employment of older persons based on their ability rather than age” and to discourage the common practice of “setting of arbitrary age limits regardless of potential for job performance” [29 U.S.C. § 621], Congress by the Act of December 15, 1967, 81 Stat. 603, 29 U.S.C. § 623(a) provided that:

It shall be unlawful for an employer ...