Bryan v. Government of the Virgin Islands, No. 18-1941 (3d Cir. 2019)Annotate this Case
The 2011 Virgin Islands Economic Stability Act (VIESA) sought to reduce government spending by reducing payroll while continuing to provide necessary public services. VIESA offered some of the government’s most expensive employees (with at least 30 years of credited service) $10,000 to chose to retire within three months. Those declining to retire had to contribute an additional 3% of their salary to the Government Employees Retirement System starting at the end of those three months. Two members of the System with over 30 years of credited service who chose not to retire claimed that the 3% charge violated federal and territorial laws protecting workers over the age of 40 from discrimination based on their age. The Third Circuit found the provision valid because it did not target employees because of their age under the Supreme Court’s 1993 decision in Hazen Paper Co. v. Biggin; its focus on credited years of service entitles the government to the Age Discrimination in Employment Act of 1967 (ADEA)’s reasonable-factor-other-than-age defense. The Third Circuit concluded that the Virgin Islands Supreme Court would deem the provision consistent with existing territorial anti-discrimination statutes.