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Employment & Labor Law for Public Safety Agencies
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Age Discrimination - Termination or Mandatory Retirement
A county offered retirement incentives to employees age 65 or older. Under one package, retirees were entitled to five years of supplemental health insurance (secondary to Medicare coverage) through a private insurer and could return to work, part-time, as at-will employees. The private health insurer later informed the county that if retirees working as part-time employees remained on the plan, the plan would no longer qualify for special exemptions under federal law and the county’s costs would skyrocket. The county notified all rehired retirees who were covered by the supplement insurance that their employment would end. The county was entitled to summary judgment on terminated employees’ age discrimination claims under the Age Discrimination in Employment Act and the equal protection clause. The key criterion that distinguished the terminated employees from all other county employees was not their age but rather their participation in the health insurance plan at issue. The county's action was rationally related to preserving supplemental insurance coverage for its retirees while avoiding further financial hardship, and there was no evidence that the county engaged in any prohibited stereotyping. Carson v. Lake County, #16-3665, 2017 U.S. App. Lexis 13494 (7th Cir.).
A man worked for a local city parks
department for 38 years before his employment classification was eliminated. He
and many employees were laid off. He applied to be rehired in a newly created
classification, but did not get a position. He then retired from city
employment, but sued for age discrimination, retaliation, and harassment. The
city asserted, with documentation, that its actions were taken for legitimate
nondiscriminatory reasons, in that he had refused to cooperate with the
implementation of a new departmental policy getting away from separate
recreational events for disabled members of the public and their enhanced
inclusion in general events. Summary judgment was upheld for the employer. The
plaintiff's opposition to policies he viewed as discriminating against disabled
members of the public was not protected activity because his opposition was not
directed at an unlawful employment practice, so no unlawful retaliation occurred.
Dinslage v. City and County of San Francisco, #A142365, 5 Cal. App. 5th 368,
2016 Cal. App. Lexis 970.
A county employee
claimed that her employer discriminated against her on the basis of her sex and
age when they fired her. The appeals court upheld the rejection of this claim,
noting that the county had a legitimate, non-discriminatory reason for her
termination--that she repeatedly made record keeping errors. The plaintiff
failed to provide evidence adequate to raise a genuine issue of fact as to
whether the county's reason was pretextual. Doucette v. Morrison County,
Minnesota, #13-2424, 763 F.3d 978 (8th Cir.).
A detective for a county prosecutor's office claimed
that his termination was part of the agency's "well-known and established
practice to push out older workers through termination or forced
resignation." He unsuccessfully pursued an internal grievance and received
a right to sue letter on his claims for age discrimination under the Age
Discrimination in Employment Act (ADEA). He sued for that, as well as for
violation of equal protection under 42 U.S.C. Sec. 1983. ADEA claims against
the county were properly dismissed as the plaintiff had not named the county as
a defendant on the EEOC intake questionnaire, and had not identified it as a
defendant on the age discrimination claim until after the deadline for doing so
had passed. ADEA claims against the district attorneys' office, however, were
improperly dismissed as he had properly named it as a defendant in a timely
fashion before the EEOC and adequately pleaded that he had exhausted available
administrative remedies. Age discrimination claims may not be brought by a
state or local government employee under Sec. 1983, but may only do so under
the ADEA. Hildebrand v. Allegheny Cnty, #13-1321, 2014 U.S. App. Lexis 12136
(3rd Cir.).
Under a collective bargaining agreement entered
into by a prison system and a union, an early retirement incentive system had
an "age 55 cliff." Under it, if employees retire at 55, the employer
continues to make unreduced contributions towards their health and dental
insurance costs. Employees who continue to work past 55, however, are denied
such contributions. A federal appeals court upheld the EEOC's position that
this arrangement constituted a violation of the Age Discrimination in
Employment Act (ADEA). The court ruled that a so-called "safe harbor"
exception to the law for voluntary early retirement programs "consistent
with the purposes" of the ADEA did not apply, since the plan here was
based solely on the age of the retiring employees. It was therefore at odds
with the statute's purpose of avoiding age discrimination. EEOC v. Minnesota
Department of Corrections, #10–2699, 2011 U.S. App. Lexis (8th Cir.).
When a sheriff stated that he wanted to "get
rid of all of you old people who have been here a long time that don't want to
do your job," this did not constitute proof that the termination of a
deputy sergeant was age discrimination under 29 U.S.C.S. § 623. The sheriff's
statement appeared to be aimed at persons who were not performing well at
fulfilling their job functions. Hollins v. Fulton County, #10-10954,
2011 U.S. App. Lexis 137 (Unpub. 11th Cir.).
Even if older prosecutors were replaced by
younger ones, Assistant State's Attorneys are not protected by the ADEA because
they hold policymaking positions. Opp v. Office of the State's Attorney of Cook
County, #09-3714, 2010 U.S. App. Lexis 26318 (7th Cir.).
California Supreme Court splits from federal
courts on the “stray remarks” rule announced by Justice O’Connor in Price
Waterhouse v. Hopkins, #87-1167, 490 U.S. 228 (1989). Comments by superiors and
coworkers may help prove age bias. The plaintiff, who was terminated when a
program was eliminated, claimed that employees told him that his ideas were
obsolete and that he was slow, fuzzy, sluggish, lethargic, and lacked energy. A
unanimous court held that “the stray remarks doctrine contains a major flaw
because discriminatory remarks by a non-decisionmaking employee can influence a
decision maker.” The lower court “properly considered ... discriminatory
comments made by decision makers and coworkers along with all other evidence in
the record.” Reid v. Google Inc., #S158965, 2010 Cal. Lexis 7544.
Puerto Rico could lawfully lower the mandatory
retirement age for police officers to 55 from 65. Correa-Ruiz v. Fortuno,
#06-2578, 2009 U.S. App. Lexis 14767 (1st Cir.).
After Congress in 1996
permitted age caps for police and fire personnel, Chicago restored its
mandatory retirement age of 63 for firefighters. Having lost on their ADEA
claim, they asserted that their forced retirements violated due process. The
appellate panel held that an involuntary retirement is not a discharge and the
bargaining agreement did not give firefighters a protected property interest in
continued employment regardless of their age. Minch v. City of Chicago,
#05-2702, 2007 U.S. App. Lexis 11260, 181 LRRM (BNA) 3089 (7th Cir.).
Federal court upholds age 57 mandatory retirement
law for N.Y. state troopers, but allegations that the State Police continued to
employ officers that were over the age of 57 stated an equal protection claim.
Police Benev. Assn. v. Bennett, #1:06-CV-767, 2007 U.S. Dist. Lexis 21911
(N.D.N.Y.).
Eighth Circuit affirms the dismissal of an ADEA
lawsuit where the plaintiff had signed a valid waiver of any age discrimination
claims, under 29 U.S. Code §626(f). Parsons v. Pioneer Seed Hi-Bred Intl.,
#05-3496, 2006 U.S. App. Lexis 12245 (8th Cir. 2006). The court distinguished a
prior case where the waiver was defective because it contained a "covenant
not to sue" clause, and used that term interchangeably with
"release." Thomforde v. IBM, #04-1538, 406 F.3d 500 (8th Cir. 2005).
{N/R}
Indiana holds that a mandatory retirement age
still applies to employees who were enrolled in a five-year DROP program. City
of Gary v. Mitchell, #45A03-0504-CV-192, 843 N.E.2d 929, 2006 Ind. App. Lexis
409 (2006). [2006 FP Jun]
Federal court dismisses a suit by a 63-year old
volunteer deputy sheriff who was terminated because of his age. Unpaid officers
are not "employees" under Title VII or the ADEA. Blankenship v. City
of Portsmouth, #2:04cv776, 372 F.Supp.2d 496, 2005 U.S. Dist. Lexis 11124, 95
FEP Cases (BNA) 1893 (E.D. Va. 2005). [2006 FP Apr]
Former Kansas City (MO) police officer wins $2.7
after being pressured to retire. Hogan v. Wasson-Hunt, #01CV206620, 44 (2139)
G.E.R.R. (BNA) 39 (16 Jud. Cir. Ct. Mo. 2005). [2006 FP Mar]
Prison doctor who was forced to retire at age 81
is awarded $20 million in an age discrimination suit. Johnson v. St. of Cal.
Dept. of Corr., #BC288518, L.A. Co. Super. (verdict 2005). [2005 FP Oct]
In a 2-to-1 opinion, a federal appeals court
finds that there was sufficient evidence to go to the jury on age
discrimination. A 49 year-old detective was terminated and replaced by a 33
year-old, allegedly for reasons of his unsatisfactory performance. Fasold v.
Justice, #04-2363, 95 FEP Cases (BNA) 1445, 2005 U.S. App. Lexis 10012 (3rd
Cir. 2005). {N/R}
A 47 year-old terminated city employee did not
raise a valid age discrimination claim. He was fired by a 63 year-old superior
and was replaced by a 53 year-old male. Uddin v. City of Chicago, #03C7630,
2004 U.S. Dist. Lexis 22504 (N.D.Ill. 2004). {N/R}
Federal appeals court dismisses a claim that
Chicago's mandatory retirement program for police officers and firefighters was
subterfuge to evade the purposes of the ADEA. Because the ADEA expressly
permits retirement programs, the fact that city officials exercised this right
for impure motives does not establish a subterfuge. Minch v. City of Chicago,
#02-2587, 2004 U.S. App. Lexis 6927 (7th Cir. 2004). {N/R}
The Eleventh Amendment does not bar state
troopers from seeking injunctive relief against a state government for age
discrimination under the ADEA. State Police for Automatic Retirement Assn. v.
DiFava, #01-158, 2003 U.S. App. Lexis 653 (1st Cir. 2003). {N/R}
An older male employee who resigned, after
repeatedly receiving pamphlets about aging and erectile dysfunction from
coworkers, can bring an age bias claim, but not a sex discrimination claim.
Pamphlets were in bad taste, but were not severe enough to create a hostile
work environment claim. He can maintain a constructive discharge claim for an
ADEA violation. Keown v. Richfood Holdings, #01-2156, 2002 U.S. Dist. Lexis
10835 (E.D.Pa. 2002). {N/R}
Federal appeals court upholds a management
decision to terminate an older employee and replace him with a younger man who
possessed superior computer skills. Lesch v. Crown, #00-4239, 2002 U.S. App.
Lexis 3159 (7th Cir.). [N/R]
A state court jury in Massachusetts has awarded a
former senior citizen van driver $165,000 plus $45,893 in interest because she
was fired, at age 82. Kowalczyk v. Blackstone, Worcester Co. Super. Ct. (2002).
[N/R]
H.R. 93, The Federal Firefighters Retirement Age
Fairness Act has passed the U.S. House of Representatives. It raises the
mandatory separation age for federal firefighters from 55 to 57, the same age
that applies to federal law enforcement officers. An agency head currently may
allow firefighters or law enforcement officers to work until age 60 if the
agency head determines that this would be in the public interest; 39 (1897) G.E.R.R.
(BNA) 165. {N/R}
Chicago reinstates age 63 mandatory retirement
for police officers and firefighters. Chicago Ordinance 5/17/2000, 38 (1864)
G.E.R.R. (BNA) 660. [2000 FP 99]
The EEOC has published proposed reg's that affect
terminated workers who accept severance benefits that, as part of the
agreement, waives their rights to sue under the ADEA. The reg's are in the
4/23/99 Fed. Register at 64 FR 19952 and are on the web at www.eeoc.gov/ {N/R}
Age bias claimants win $21 million; one gets $8.1
million, another $6.5 million. Hipp v. Liberty Natl., #95-1332 (M.D.Fla.),
rptd. earlier on procedural matters at 973 F.Supp. 1033. [1998 FP 131]
Federal Court in Boston strikes down an age-55
retirement law for the Massachusetts State Police. Gately v. Mass.,
#92-13018-MA (D.Mass. 1998. Prior decisions at 811 F.Supp. 26 (D.Mass. 1992),
1993 WL 591563 (D.Mass. 1993), and 2 F.3d 1221, 1993 U.S.App. Lexis 20833 (1st
Cir. 1993). [1998 FP 115]
New Jersey's anti-discrimination law is not
limited to persons over age 40. A 25-year-old who claims he was discharged
because he was "too young" stated a reverse age discrimination claim
- provided he proves he was fired for being too young, rather than being
unqualified for job. Bergen v. Siler, 76 FEP Cases (BNA) 31 (NJ App.Div. 1998).
{N/R}
ADEA does not protect employees who are replaced
by computers. Newbury v. Natl. Press Club, 1997 U.S.Dist. Lexis 14220 (D.D.C.).
[1997 FP 163]
Congress includes in the FY 96-97 Budget, a
permanent ADEA exemption for firefighters, law enforcement and corrections
officers. Age Discrimination Amendment, 29 U.S. Code 623(j), 142 (137-1) Cong.
Record H11651 (9/28/96). [1997 FP 3]
Federal court concludes that the ADEA cannot be
constitutionally applied to state agencies; age discrimination suit dismissed.
MacPherson v. Univ. of Montevallo, 938 F.Supp. 785, 1996 U.S.Dist. Lexis 13357,
71 FEP Cases (BNA) 1318. (N.D.Ala.). [1997 FP 4]
Federal court in Alabama concludes that ADEA
cannot apply to state employees; it was an over-extension of the Commerce
Clause to include states as "employers" within the ADEA. Court
dismisses suit by former university professors. MacPherson v. Univ. of
Montevallo, 1996 U.S. Dist. Lexis 13357 (N.D.Ala. 9/9/96). [1997 FP 3]
Supreme Court reverses case law which held that
the replacement worker must come from outside the protected group. Age
difference is the relevant question. O'Connor v. Consolidated C.C.C., #95-354,
116 S.Ct. 1307, 1996 U.S. Lexis 2168. [1996 FP 99]
Appeals court affirms $20 million award to
troopers who were terminated at age 55. EEOC v. Ky. St. Police, 80 F.3d 1086,
1996 U.S.App. Lexis 6047 (6th Cir). [1996 FP 99]
City's failure to make retirement contributions
for firefighters over 35 when hired violated the ADA. Quinones v. Evanston, 58
F.3d 275 (7th Cir. 1995). {N/R}
ADEA preempts claims under 42 U.S. Code 1983,
since detailed framework of the act indicates a congressional intent to
preclude such claims under other statutes. Ford v. City of Oakwood, 905 F.Supp.
1063, 68 FEP Cases 1769 (N.D.Ga. 1995). {N/R}
Terminated 67-year-old police chief was entitled
to sue for age discrimination, even though he was replaced by a 48-year old.
Rinehart v. City of Independence, 35 F.3d 1263, 65 FEP Cases (BNA) 1549 (8th
Cir. 1994). [1995 FP 19]
Under A.D.E.A., 60 year-old security should not
have been terminated, even though federal regulations mandated his retirement
from the N.Y. Air Natl. Guard at 60. Johnson v. New York, 49 F.3d 75 (2nd Cir.
1995). {N/R}
Conflict of laws: U.S. employer was not liable
for the involuntary retirement of a German employee who reached age 65, because
German law required the retirement and made no exception for employee's of
foreign corporations. Mahoney v. Radio Free Europe, 47 F.3d 447/at 450
(D.C.Cir.; cert.den. 116 S.Ct. 181 (1995). {N/R}
59-year-old security official accused of poor
performance was replaced by a 54-year old. An age difference of only five years
presented "a close question" of whether the employer engaged in a
prima facie act of intentional age discrimination. Bienkowski v. American
Airlines, 851 F.2d 1503 (5th Cir. 1988). [1995 FP 19]
Offer of higher retirement benefits to older
employees does not violate the ADEA rights of younger employees. Houghton v.
SIPCO, 33 F.2d 953, 66 FEP Cases (BNA) 97 (8th Cir. 1994). [1995 FP 19]
Federal jury awards municipal worker $300,000,
plus attorney fees, under ADEA for wrongful furlough. Plaintiff, aged 57 was
demoted and replaced by a 39-year old, then furloughed for economic reasons.
Martineau v. City of Concord, #93-268-M, 32 (1578) G.E.R.R. (BNA) 1033 (D.N.H.
1994). {N/R}
The Kentucky State Police were ordered to pay an
additional $9 million to former officers who were forced to retire at age 55,
bring total damages to over $16 million. EEOC v. Kentucky State Police, USDC
#84-62, 1994 FEP Summary (BNA) 92 (E.D.Ky 1994). {N/R}
Home rule city could adopt ordinances that are
different from state statutes. City could extend retirement age of fire
captains from 65 (under state law) to 70. Repeal of ordinance reinstated the
operation of the state law age. Provenzano v. City of Des Plaines, 629 N.E.2d
100 (Ill.App. 1993). {N/R}
Deputy fire commissioners were not career
"firemen" within meaning of an ordinance that set mandatory
retirement at age 63. City violated ADEA when it forced three persons in these
ranks to retire. Roche v. City of Chicago, 64 FEP Cases (BNA) 1077, 24 F.3d 882
(7th Cir. 1994). {N/R}
City's explanation that it promoted a lower
ranked black officer to sergeant position, to fulfill the mandates of a consent
decree, was not a pretext to engage in age discrimination against a white
officer who's promotion was delayed. $2,700 jury verdict reversed. Stokes v.
City of Omaha, 23 F.3d 1362, 64 FEP Cases (BNA)1107 (8th Cir. 1994). {N/R}
PERF opposes extension of the Public Safety
Exemption to the ADEA; Senate holds hearings. P.E.R.F. Position Statement
(March 29, 1994), 32 (1562) G.E.R.R. (BNA) 549. [1994 FP 115]
Public safety exception to the A.D.E.A. ended
12/31/93. [1994 FP 67]
Supreme Court declines to review appeals court
decision allowing Chicago Police to involuntarily retire sergeants and higher
ranks at age 63 while keeping patrolmen to age 70. McCann v. Chicago, 968 F.2d
635 (7th Cir.), cert.den. #92-618, 113 S.Ct. 495 (1992). [1993 FP 3]
City could not extend mandatory retirement age of
63 to members of fire department not covered in retirement law as of 1983.
Roche v. City of Chicago, 61 FEP Cases (BNA) 1153 (N.D.Ill. 1993). [1993 FP 99]
Federal appeals court upholds Georgia state
police age 55 mandatory retirement law. Knight v. Georgia, 61 LW 2788
(6/14/93). [1993 FP 115]
Federal court strikes down state police age 55
mandatory retirement law. Gately v. Comm. of Mass., 811 F.Supp. 26 (D.Mass.
1992), relying on Western Air Lines Inc. v. Criswell, 105 S.Ct. 2743 (1985).
Affirmed by appellate panel, 2 F.3d 1221 (1st Cir. 1993). Cert. den., 114 S.Ct.
1832 (1994). [1993 FP 147]
First Circuit strikes down a statute which
requires public employees over 70 to pass a medical exam for continued
employment. EEOC v. Comm. of Mass., 987 F.2d 64 (1st Cir. 1993). [1993 FP 163]
Supreme Court declines to review appeals court
decision allowing Chicago Police to involuntarily retire sergeants and higher
ranks at age 63 while keeping patrolmen to age 70. McCann v. Chicago, cert.den.
S.Ct. #92-618 (1992). [1993 FP 3]
Federally funded study of age discrimination for
fire, police and corrections concludes there should be no exemptions for public
safety positions. [1992 FP 99-100]
Federal appeals court allows Chicago Police to
involuntarily retire senior officers at an earlier age than patrolmen. McCann
v. City of Chicago, 968 F.2d 635 (7th Cir. 1992). [1992 FP 147]
Federal court holds that terminated 55-year old
could sue when he was replaced by a 48-year old. Replacement worker can also be
a member of the protective class. Kachur v. Thistledown, 55 FEP Cases (BNA)
1067 (N.D. Ohio 1991).
Suing under the Illinois Human Rights law, state
investigators successfully challenge age 60 mandatory retirement. State v.
Mikusch, 562 N.E.2d 168, 1990 Ill. Lexis 109. {N/R}
Older Workers Benefit Protection Act becomes law.
Act reverses a 1989 Supreme Court decision that exempted employee plans from
ADEA. Older Workers Benefit Protection Act, P.L. 101-433.
Police captain and sergeant who were
involuntarily retired at age 55 receive $378,000 and $295,000 in damages.
McBrayer v. City of Marietta, Nos. 1:85-CV-4731-HTW and 1:86-CV-1798-HTW, 33
(5) ATLA L. Rep. 226 (N.D. Ga. 1989).
Two statutes, one abolishing age discrimination,
and one setting age 60 for mandatory retirement of investigators, were not in
conflict, and forced retirement was upheld. Secretary of State v. Mikusch, 536
N.E.2d 1241 (Ill.App. 1989).
Tennessee's age 55 mandatory retirement law for
wildlife agency enforcement officers is struck down by federal appeals court.
EEOC v. Tennessee Wildlife Resources Agency, 859 F.2d 24 (6th Cir. 1988); prior
decision at 696 F.Supp. 1163, reversed.
Kentucky State Police age 55 retirement struck
down by federal appeals court; dept. failed to test fitness of its officers and
retained those with health problems. EEOC v. Kentucky State Police, 860 F.2d
665 (6th Cir. 1988).
Jersey appellate court invalidates mandatory age
65 retirements in suit brought by police and fire chiefs and other high-ranking
supervisors. Boylan v. State, 222 N.J. Super. 313, 536 A.2d 1283 (App. 1988).
Chicago officer involuntarily retired at age 63
awarded $125,527 in damages plus $50,000 legal fees. Dillon v. City of Chicago,
U.S. Dist. Ct. NO. 85-C-5017, 30 ATLA L. Rep. 118 (N.D. Ill. 1987).
Failure of law enforcement agency to develop,
implement and enforce minimum health and fitness standards invalidates its age
60 forced retirement rule; U.S. appeals court orders back pay to retirees. EEOC
v. Mississippi State Tax Cmsn., 47 FEP Cases (BNA) 382, 837 F.2d 1398 (5th Cir.
1988).
Age 60 mandatory retirement for conservation
officers is struck down by federal appeals court. EEOC v. State of Mississippi.
837 F.2d 1398 (5th Cir. 1988).
Federal appeals court overturns holding that
allowed age 60 mandatory retirement of Penn. State Troopers. EEOC v. Comm. of
Pennsylvania, 829 F.2d 392 (3rd Cir. 1987); 645 F.Supp. 1545 (M.D. Pa. 1986)
reversed.
Jury award of $200,000 for emotional suffering by
officer who was involuntarily retired was probably excessive. Kaczor v. City of
Buffalo, 657 F.Supp. 441 (W.D. N.Y., 1987).
New federal law exempts certain law enforcement
and fire personnel until 1993; federal study ordered. P.L. 99-592 at 10C, U.S.
Code C.&A.N. (West) 5632 (Dec. 1986).
Federal trial court upholds New Jersey state police
age 55 retirement rule; individualized testing not required. EEOC v. State of
New Jersey, 40 FEP Cases (BNA) 1219 (D.N.J. 1986).
Federal Court denies EEOC injunctive relief in
suit against state police; age 55 retirement rule supported by evidence. EEOC
v. State of New Jersey, 620 F.Supp. 977 (D.N.J. 1985).
City could not treat over age 60 firefighters as
"contract" employees and exclude them from additional pension
benefits. Johnson v. Mayor of Baltimore, 105 S.Ct. 2717 (1985). Decision below,
515 F.Supp. 1287 (D.Md. 1981).
Injunction issued to prevent mandatory retirement
of 57-year-old police major in Kentucky. EEOC v. City of Bowling Green, 607
F.Supp. 524 (W.D. Ky. 1985).
Federal Court upholds age 60 mandatory retirement
for Illinois state troopers. Popkins v. Zagel, 611 F.Supp. 809 (C.D. Ill.
1985).
Federal Court rules dept. is liable under ADEA
for differences owed to deceased officer's estate, where officer was
involuntarily retired in violation of age discrimination act. Johnson v. Twp.
of Bensalem, 609 F.Supp. 1340 (E.D. pa. 1985); Bensalem Township v. Western
World Insur. Co., 609 F.Supp. 1343 (E.D. Pa. 1985).
Policemen who were forcibly retired at age 55 are
entitled to back pay and attorneys" fees. Heiar v. Crawford County, Wis.,
746 F.2d 1190 (7th Cir. 1984).
Federal court upholds back pay claim but not
emotional or punitive relief; fire chief terminated at age 60. Karr v. Twp. of
Lower Merion, 582 F.Supp. 410 (E.D. Pa.).
City cannot force older employees to retire for
budgetary reasons. EEOC v. City of Altoona, 723 F.2d 4 (3rd Cir. 1983).
Federal court knocks down age 50 retirement for
fire and police personnel in Eastern Tennessee. Whitfield v. City of Knoxville,
567 F.Supp. 1344 (E.D. Tenn. 1983).
Promotional exam ties may not be
"broken" by candidate age; violation of age discrimination
legislation. Civil Service Cmsn. v. Trainor, 39 Conn. Super. 528, 466 A.2d 1203
(1983).
ADEA protects “desk job” sergeant. Mahoney v.
Trabucco, 574 F.Supp. 955 (D. Mass. 1983).
City could not lay off older firefighters due to
fiscal problems; state law inapplicable, older workers cannot be discriminated
against. Popko v. City of Clairton, 570 F.Supp. 446 (W.D. Pa. 1983).
Supreme court strikes down mandatory retirement
laws; fire and police personnel no exception to federal ADEA act. EEOC v.
Wyoming, 103 S.Ct. 1054 (1983).
Mandatory retirement must be on an individualized
and non-discriminatory basis; waivers for those under 60 will undermine
involuntary retirement for those over 60. Maximum entry age of 32 upheld for
troopers, however. EEOC v. Missouri State Highway Patrol, 555 F.Supp. 97 (W.D.
Mo.); modified, 748 F.2d 447 (8th Cir. 1984); cert. den. 106 S.Ct. 88 (1985).
Punitive and emotional injury damages are not
recoverable under federal age discrimination law. Whiteman v. Kroger, 548
F.Supp. 563, 31 FEP Cases (BNA) 1078 (C.D. Ill. 1982). (Act amended, 1991,
however).
Officer could stay to age 70 because law so
provided at the time he was hired. Age 65 retirement law would not apply to
him. Wencke v. City of Indianapolis, 429 N.E.2d 295 (Ind.App. 1982).
Federal court rejects mandatory retirement age of
65 for Minneapolis police captains; state statute stricken. EEOC v. City of
Minneapolis, 537 F.Supp. 750 (D. Minn. 1982).
Federal age discrimination act not applicable to
federal law enforcement personnel. Bowman v. U.S. Dept. of Justice, 510 F.Supp.
1183 (E.D. Va. 1981).
Federal appeals court upholds district court decision
in favor of St. Paul district fire chief; dissatisfaction with another circuit
expressed. Age 65 mandatory retirement rejected. EEOC v. City of St. Paul, 500
F.Supp. 1135 (D. Minn. 1980); aff'd 671 F.2d 162 (8th Cir. 1982).
Federal Court upholds age 60 maximum in small
town police force. Beck v. Bor. of Mannheim, 24 FEP Cases (BNA) 1300, 505
F.Supp. 923 (E.D. Pa. 1981).
Statute requiring department to lay off members
entitled to pensions before those not eligible for pensions is upheld. City of
McKeesport v. Int. Assn. of Fire Fighters, 399 A.2d 798 (Pa. Cmwlth. 1979).
EEOC cannot challenge mandatory retirement laws
without assistance of a complaining public employee. Equal Emplmt. Opp. Cmsn.,
v. City of Allen Park, U.S. Dist. Ct. #Civ. 79-72986 (E.D. Mich. 1979).
Federal age discrimination in employment act
(ADEA) does not authorize damages for “pain-and-suffering” or punitive damages.
Walker v. Pettit Construction Co, 605 F.2d 128 (4th Cir. 1979).
Age 55 mandatory retirement of police supervisor
upheld in New York. State Div. of Human Rights v. State Div. of State Police,
406 N.Y.S.2d 401 (A.D. 1978).
Former police chief, involuntarily retired at age
60, recovers $60,000 damages; other and older officers were permitted to
remain. Madison v. City of Green Bay, Brown Co. Cir. Ct. (Wis. 1979).
Supreme court finds that age discrimination
plaintiffs must first file complaint with state agency before litigating their
claims in federal court; state statute of limitations may be disregarded,
however. Oscar Mayer & Co. v. Evans, 99 S.Ct. 2066 (1979); lower court
decisions at 580 F.2d 298 reversed.
Kentucky high court rules that compulsory
retirement age need not be imposed. Terrill et al v. Barber, 515 S.W.2d 239
(Ky. 1974).
Supreme Court upholds Massachusetts' mandatory
retirement system. Massachusetts Board of Retirement v. Murgia, 96 S.Ct. 2562
(1976).
See Symposium: age as a criterion for work
performance - chronologic vs. physiologic age. The following articles appear in
19 (2) Medicine and Science in Sports and Exercise 157-185 (1987):
• Age and other predictors of coronary heart
disease.
• Human rights and the older worker; changes in
work capacity.
• Functional vs. chronologic age.
• Job performance testing: an alternative to age
discrimination.