NCJ Number
80966
Journal
Journal of Police Science and Administration Volume: 9 Issue: 4 Dated: (December 1981) Pages: 428-440
Date Published
1981
Length
13 pages
Annotation
Legal issues involved in setting age requirements for police applicants and mandatory retirement of police officers are discussed.
Abstract
The Age Discrimination in Employment Act (ADEA) makes it unlawful not to hire or to discharge any person because of age or to otherwise show age discrimination in compensation, conditions, or privileges of employment. In prohibiting age discrimination, the ADEA speaks in absolutes. On the face of the law, it appears to disregard scientific evidence that the human body experiences some diminution of physical functions with age. At the same time, denying a person either initial or continued employment by an arbitrary standard not related to ability is unfair and unreasonable. Judicial precedent (BFOQ) where a position involves functions directly related to public safety. It would seem that with a properly prepared case using medical and expert witnesses, there is a good possibility of establishing some age level as a BFOQ for police employment. Currently, it appears that such evidence will have to be presented anew in every case arising under the ADEA, with no possibility of a court taking judicial notice of facts established in prior cases. Unless the U.S. Supreme Court rules on an ADEA case involving police employment, each case may continue to be decided on an ad hoc basis. Eighty footnotes are provided. (Author summary modified)