Q & A Session – Age Discrimination in Law Enforcement

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

A recent MSPB ruling, Isabella, cited that the government could not discriminate on the entry age for federal law enforcement jobs. My agency is hiring persons into law enforcement positions past the age of 37 with no mandatory retirement age. However, I turn 57 next year and am being forced to retire. An employee who I supervise was recently selected to transition into a law enforcement position and is currently attending law enforcement school. He is currently 58 years old and, as such, will be past the age of when I must retire when he is just starting his law enforcement career; theoretically, able to go to the age of 78 before retiring with 20 years of law enforcement service.

Isn’t this age discrimination? How can MSPB and Congress allow age discrimination on one end and not on the other?

A:

Both the mandatory law enforcement retirement provision and the age discrimination in employment are federal statutes. The mandatory law enforcement retirement age is read as an exception to the ADEA.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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