Ask The Lawyer

By Debra Roth

Q & A Session – Age Discrimination in Law Enforcement

Bookmark and Share

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.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Tags: , ,

Q&A Session: Retirement Date Query

Bookmark and Share

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:

My supervisor and manager are pressuring me to provide my anticipated retirement date. They have not authorized my attendance at a retirement course, so I do not want to provide the date. Do they have the authority to require me to answer this question?

A:

Your supervisor and his manager may ask you about your anticipated retirement date. You do not have to answer, and if you do, most of the time, you can change your mind. The only downside for your supervisor in asking the question is that the asking of the question could be evidence of age discrimination. Although, without more evidence, the asking of the question alone is probably not sufficient to prove age discrimination.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Tags: ,