Federal court rejects the ADEA claims of seven DEA employees who sought promotions as special agents, which has an entry age limit of 37. Albert v. Holder, #08-13289, 2009 U.S. Dist. Lexis 96770 (E.D. Mich).

     State appellate court finds that a provision in a bargaining unit, requiring that a person transferring to the Fire Investigations Unit to spend at least five years in that capacity, unlawfully discriminates against employees who will reach retirement age before five years. Campolieti v. Cleveland Dept. of Public Safety, #92238, 2009 Ohio 5224, 2009 Ohio App. Lexis 4417 (8th Dist.).
     Federal court rejects an ADEA action brought by a 51 year old that was not selected for a promotion in the Marshal's Service. The successful candidate, who was 37, achieved a higher merit-promotion score, earned a law degree and was more experienced in collateral duties than other applicants. Witkowich v. Gonzales, #05 Civ. 7756, 2008 U.S. Dist. Lexis 19827 (S.D.N.Y.).
     DHS did not discriminate against an acting assistant director because of her race and age when management selected a younger, white woman for the position. The agency proffered a non-discriminatory reason for its decision. Barnette v. Chertoff, # 04-5443, 2006 U.S. App. Lexis 16948, 98 FEP Cases (BNA) 609 (D.C. Cir. 2006). {N/R}
     New Jersey's labor board rejects an age discrimination challenge to a new requirement that lieutenants who are promoted to captain must possess a bachelor's degree. N.J. State Police and Superior Officers Assn., #SN-2006-030, PERC #2006-68, 32 NJPER 41, 2006 NJPER (LRP) Lexis 39 (2006). [2006 FP Sep]      Liquidated damages are recoverable from local governments for willful age discrimination. Cross v. N.Y. City Transit Auth., #04-2912, 417 F.3d 241, 2005 U.S. App. Lexis 15849 (2d Cir. 2005). {N/R}
     Even though an officer promoted to sergeant was only six years younger than the plaintiff, there was sufficient evidence that the chief had manipulated an oral promotional exam to discriminate against older officers, and that the plaintiff experienced retaliation for complaining; the court denied a defense motion for summary judgment. McInnis v. Weston, #3:03CV1803, 375 F.Supp.2d 70, 2005 U.S. Dist. Lexis 12704 (D. Conn. 2005). (D. Conn. 2005). {N/R}
     Federal appeals court overturns a large age discrimination verdict for a detective who was not selected as a civilian property room technician. The job paid less; the fact he could have also collected a police pension was irrelevant. He suffered no adverse personnel action. Moore v. Columbus, #04-3224 (Unpub. 6th Cir. 2005). [2005 FP Aug]
     Fifth Circuit upholds an ADEA jury verdict of $109,222 to a 57-year old District Chief who was denied a promotion to Asst. Chief because of age. Although Title VII requires that plaintiffs receive an EEOC right-to-sue notice, the ADEA has no such requirement. Julian v. City of Houston, #01-20541, 2002 U.S. App. Lexis 25427 (5th Cir. 2002). {N/R}
   A Texas county probation dept. has settled a failure-to-promote age bias claim for $5,000. The plaintiff was 40 years old when she was passed over. EEOC v. Bexar County Juvenile Probation Dept., #SA-01CA0474, 40 (1975) G.E.R.R. (BNA) 895 (W.D. Tex. 2002). {N/R}
     Jury awards a district fire chief $109,222 because he was repeatedly passed over for promotion because of his age. Julian v. City of Houston, #H-99-0628, 38 (1866) G.E.R.R. (BNA) 719 (S.D. Tex.). [2000 FP 115]
     Federal court in Indiana rejects a claim that the city violated the ADEA when it laterally reassigned a detective and replaced him with a younger officer. Bailey v. Canan, 82 F.Supp.2d 966, 2000 U.S. Dist. Lexis 2205, 81 FEP Cases (BNA) 1711 (S.D.Ind.). [2000 FP 67]
     Federal judge upholds a jury's finding that a 60-year-old police officer suffered emotional distress, resulting from an age-based reassignment. The award was reduced from $139,000 to $100,000. Fernandez v. City of N.Y., #96 Civ. 4215, 20 F.Supp.2d 655, 1998 U.S. Dist. Lexis 15186 (S.D.N.Y.). [1999 FP 19]
     NJ appellate court upholds use of college credits for promotional purposes; ADEA complaint by older officers is rejected. Esposito v. Twp. of Edison, 306 N.J. Super. 280, 703 A.2d 674, 1997 N.J. Super. Lexis 495. [1998 FP 57-9]