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Sec. 111.33(2)(b), Stats., insofar as it prohibits age discrimination against persons over age 70, is pre-empted by the Employee Retirement Income Security Act of 1974 to the extent that it applies to employee benefit plans covered by ERISA. Dresser Indus. v. DILHR, 619 F. Supp. 1310 (W.D. Wis., 1985). [Ed. note: The ADEA has since been amended to remove the age 70 upper age limit.]
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