NCJ Number
80998
Journal
FBI Law Enforcement Bulletin Volume: 51 Issue: 1 Dated: (January 1981) Pages: 26-31
Date Published
1982
Length
5 pages
Annotation
The law concerning age discrimination claims in relation to employment in law enforcement agencies is examined, with emphasis on the provisions of the 1967 Age Discrimination in Employment Act (ADEA) and the Equal Protection Clause of the United States Constitution.
Abstract
ADEA is generally worded Federal legislation designed to promote the employment of persons between ages 40 and 70 based on their ability rather than age. The Federal Equal Employment Opportunity Commission (EEOC) and its State counterparts have been responsible for administering and enforcing ADEA. To establish a prima facie case of age discrimination under ADEA, an individual between ages 40 and 70 need only show by a preponderance of the evidence that age was a motivating factor in a refusal to hire or mandatory retirement. An employer may rebut the case by arguing that some reasonable factor other than age motivated the action. An employer may also argue that age is a bona fide occupational qualification (BFOQ) for the job. BFOQ's are often asserted by law enforcement agencies in defense of their maximum hiring ages and mandatory requirement policies. Analysis of the recent cases involving such claims reveals that the courts are somewhat divided over several important issues involved in age discrimination litigation. The Supreme Court's decision in the case of Massachusetts Board of Retirement v. Murgia indicates the court's recognition that at some point age, unlike race or sex, is inherently related to a person's ability to function as a law enforcement officer. Thus, courts may apply less demanding standards to employers in cases where discrimination is allegedly based on age than on race or sex. However, additional litigation on age discrimination in law enforcement agencies is inevitable. Nevertheless, current policies which may in the future be found to be discriminatory probably result from inaccurate estimates of older workers' abilities rather than from any feelings of hostility or prejudice. Law enforcement agencies should periodically review their age policies to assure they are operationally sound and legally defensible. Professional legal advice should be considered when such policies are formulated. Sixty-seven notes are provided.