After Congress in 1996 permitted age caps for police and fire personnel, Chicago restored its mandatory retirement age of 63 for firefighters. Having lost on their ADEA claim, they asserted that their forced retirements violated due process. The appellate panel held that an involuntary retirement is not a discharge and the bargaining agreement did not give firefighters a protected property interest in continued employment regardless of their age. Minch v. City of Chicago, #05-2702, 2007 U.S. App. Lexis 11260, 181 LRRM (BNA) 3089 (7th Cir.).
     Federal court upholds age 57 mandatory retirement law for N.Y. state troopers, but allegations that the State Police continued to employ officers that were over the age of 57 stated an equal protection claim. Police Benev. Assn. v. Bennett, #1:06-CV-767, 2007 U.S. Dist. Lexis 21911 (N.D.N.Y.).
     Eighth Circuit affirms the dismissal of an ADEA lawsuit where the plaintiff had signed a valid waiver of any age discrimination claims, under 29 U.S. Code §626(f). Parsons v. Pioneer Seed Hi-Bred Intl., #05-3496, 2006 U.S. App. Lexis 12245 (8th Cir. 2006). The court distinguished a prior case where the waiver was defective because it contained a "covenant not to sue" clause, and used that term interchangeably with "release." Thomforde v. IBM, #04-1538, 406 F.3d 500 (8th Cir. 2005). {N/R}
     Indiana holds that a mandatory retirement age still applies to employees who were enrolled in a five-year DROP program. City of Gary v. Mitchell, #45A03-0504-CV-192, 843 N.E.2d 929, 2006 Ind. App. Lexis 409 (2006). [2006 FP Jun]
     Federal court dismisses a suit by a 63-year old volunteer deputy sheriff who was terminated because of his age. Unpaid officers are not "employees" under Title VII or the ADEA. Blankenship v. City of Portsmouth, #2:04cv776, 372 F.Supp.2d 496, 2005 U.S. Dist. Lexis 11124, 95 FEP Cases (BNA) 1893 (E.D. Va. 2005). [2006 FP Apr]
     Former Kansas City (MO) police officer wins $2.7 after being pressured to retire. Hogan v. Wasson-Hunt, #01CV206620, 44 (2139) G.E.R.R. (BNA) 39 (16 Jud. Cir. Ct. Mo. 2005). [2006 FP Mar]
     Prison doctor who was forced to retire at age 81 is awarded $20 million in an age discrimination suit. Johnson v. St. of Cal. Dept. of Corr., #BC288518, L.A. Co. Super. (verdict 2005). [2005 FP Oct]
     In a 2-to-1 opinion, a federal appeals court finds that there was sufficient evidence to go to the jury on age discrimination. A 49 year-old detective was terminated and replaced by a 33 year-old, allegedly for reasons of his unsatisfactory performance. Fasold v. Justice, #04-2363, 95 FEP Cases (BNA) 1445, 2005 U.S. App. Lexis 10012 (3rd Cir. 2005). {N/R}
     A 47 year-old terminated city employee did not raise a valid age discrimination claim. He was fired by a 63 year-old superior and was replaced by a 53 year-old male. Uddin v. City of Chicago, #03C7630, 2004 U.S. Dist. Lexis 22504 (N.D.Ill. 2004). {N/R}
     Federal appeals court dismisses a claim that Chicago's mandatory retirement program for police officers and firefighters was subterfuge to evade the purposes of the ADEA. Because the ADEA expressly permits retirement programs, the fact that city officials exercised this right for impure motives does not establish a subterfuge. Minch v. City of Chicago, #02-2587, 2004 U.S. App. Lexis 6927 (7th Cir. 2004). {N/R}
      The Eleventh Amendment does not bar state troopers from seeking injunctive relief against a state government for age discrimination under the ADEA. State Police for Automatic Retirement Assn. v. DiFava, #01-158, 2003 U.S. App. Lexis 653 (1st Cir. 2003). {N/R}
     An older male employee who resigned, after repeatedly receiving pamphlets about aging and erectile dysfunction from coworkers, can bring an age bias claim, but not a sex discrimination claim. Pamphlets were in bad taste, but were not severe enough to create a hostile work environment claim. He can maintain a constructive discharge claim for an ADEA violation. Keown v. Richfood Holdings, #01-2156, 2002 U.S. Dist. Lexis 10835 (E.D.Pa. 2002). {N/R}
     Federal appeals court upholds a management decision to terminate an older employee and replace him with a younger man who possessed superior computer skills. Lesch v. Crown, #00-4239, 2002 U.S. App. Lexis 3159 (7th Cir.). [N/R]
     A state court jury in Massachusetts has awarded a former senior citizen van driver $165,000 plus $45,893 in interest because she was fired, at age 82. Kowalczyk v. Blackstone, Worcester Co. Super. Ct. (2002). [N/R]
     H.R. 93, The Federal Firefighters Retirement Age Fairness Act has passed the U.S. House of Representatives. It raises the mandatory separation age for federal firefighters from 55 to 57, the same age that applies to federal law enforcement officers. An agency head currently may allow firefighters or law enforcement officers to work until age 60 if the agency head determines that this would be in the public interest; 39 (1897) G.E.R.R. (BNA) 165. {N/R}
     Chicago reinstates age 63 mandatory retirement for police officers and firefighters. Chicago Ordinance 5/17/2000, 38 (1864) G.E.R.R. (BNA) 660. [2000 FP 99]
     The EEOC has published proposed reg's that affect terminated workers who accept severance benefits that, as part of the agreement, waives their rights to sue under the ADEA. The reg's are in the 4/23/99 Fed. Register at 64 FR 19952 and are on the web at www.eeoc.gov/ {N/R}
     Age bias claimants win $21 million; one gets $8.1 million, another $6.5 million. Hipp v. Liberty Natl., #95-1332 (M.D.Fla.), rptd. earlier on procedural matters at 973 F.Supp. 1033. [1998 FP 131]
     Federal Court in Boston strikes down an age-55 retirement law for the Massachusetts State Police. Gately v. Mass., #92-13018-MA (D.Mass. 1998. Prior decisions at 811 F.Supp. 26 (D.Mass. 1992), 1993 WL 591563 (D.Mass. 1993), and 2 F.3d 1221, 1993 U.S.App. Lexis 20833 (1st Cir. 1993). [1998 FP 115]
     New Jersey's anti-discrimination law is not limited to persons over age 40. A 25-year-old who claims he was discharged because he was "too young" stated a reverse age discrimination claim - provided he proves he was fired for being too young, rather than being unqualified for job. Bergen v. Siler, 76 FEP Cases (BNA) 31 (NJ App.Div. 1998). {N/R}
     ADEA does not protect employees who are replaced by computers. Newbury v. Natl. Press Club, 1997 U.S.Dist. Lexis 14220 (D.D.C.). [1997 FP 163]
     Congress includes in the FY 96-97 Budget, a permanent ADEA exemption for firefighters, law enforcement and corrections officers. Age Discrimination Amendment, 29 U.S. Code 623(j), 142 (137-1) Cong. Record H11651 (9/28/96). [1997 FP 3]
     Federal court concludes that the ADEA cannot be constitutionally applied to state agencies; age discrimination suit dismissed. MacPherson v. Univ. of Montevallo, 938 F.Supp. 785, 1996 U.S.Dist. Lexis 13357, 71 FEP Cases (BNA) 1318. (N.D.Ala.). [1997 FP 4]
     Federal court in Alabama concludes that ADEA cannot apply to state employees; it was an over-extension of the Commerce Clause to include states as "employers" within the ADEA. Court dismisses suit by former university professors. MacPherson v. Univ. of Montevallo, 1996 U.S. Dist. Lexis 13357 (N.D.Ala. 9/9/96). [1997 FP 3]
     Supreme Court reverses case law which held that the replacement worker must come from outside the protected group. Age difference is the relevant question. O'Connor v. Consolidated C.C.C., #95-354, 116 S.Ct. 1307, 1996 U.S. Lexis 2168. [1996 FP 99]
     Appeals court affirms $20 million award to troopers who were terminated at age 55. EEOC v. Ky. St. Police, 80 F.3d 1086, 1996 U.S.App. Lexis 6047 (6th Cir). [1996 FP 99]
     City's failure to make retirement contributions for firefighters over 35 when hired violated the ADA. Quinones v. Evanston, 58 F.3d 275 (7th Cir. 1995). {N/R}
     ADEA preempts claims under 42 U.S. Code 1983, since detailed framework of the act indicates a congressional intent to preclude such claims under other statutes. Ford v. City of Oakwood, 905 F.Supp. 1063, 68 FEP Cases 1769 (N.D.Ga. 1995). {N/R}
     Terminated 67-year-old police chief was entitled to sue for age discrimination, even though he was replaced by a 48-year old. Rinehart v. City of Independence, 35 F.3d 1263, 65 FEP Cases (BNA) 1549 (8th Cir. 1994). [1995 FP 19]
     Under A.D.E.A., 60 year-old security should not have been terminated, even though federal regulations mandated his retirement from the N.Y. Air Natl. Guard at 60. Johnson v. New York, 49 F.3d 75 (2nd Cir. 1995). {N/R}
     Conflict of laws: U.S. employer was not liable for the involuntary retirement of a German employee who reached age 65, because German law required the retirement and made no exception for employee's of foreign corporations. Mahoney v. Radio Free Europe, 47 F.3d 447/at 450 (D.C.Cir.; cert.den. 116 S.Ct. 181 (1995). {N/R}
     59-year-old security official accused of poor performance was replaced by a 54-year old. An age difference of only five years presented "a close question" of whether the employer engaged in a prima facie act of intentional age discrimination. Bienkowski v. American Airlines, 851 F.2d 1503 (5th Cir. 1988). [1995 FP 19]
     Offer of higher retirement benefits to older employees does not violate the ADEA rights of younger employees. Houghton v. SIPCO, 33 F.2d 953, 66 FEP Cases (BNA) 97 (8th Cir. 1994). [1995 FP 19]
     Federal jury awards municipal worker $300,000, plus attorney fees, under ADEA for wrongful furlough. Plaintiff, aged 57 was demoted and replaced by a 39-year old, then furloughed for economic reasons. Martineau v. City of Concord, #93-268-M, 32 (1578) G.E.R.R. (BNA) 1033 (D.N.H. 1994). {N/R}
     The Kentucky State Police were ordered to pay an additional $9 million to former officers who were forced to retire at age 55, bring total damages to over $16 million. EEOC v. Kentucky State Police, USDC #84-62, 1994 FEP Summary (BNA) 92 (E.D.Ky 1994). {N/R}
     Home rule city could adopt ordinances that are different from state statutes. City could extend retirement age of fire captains from 65 (under state law) to 70. Repeal of ordinance reinstated the operation of the state law age. Provenzano v. City of Des Plaines, 629 N.E.2d 100 (Ill.App. 1993). {N/R}
     Deputy fire commissioners were not career "firemen" within meaning of an ordinance that set mandatory retirement at age 63. City violated ADEA when it forced three persons in these ranks to retire. Roche v. City of Chicago, 64 FEP Cases (BNA) 1077, 24 F.3d 882 (7th Cir. 1994). {N/R}
     City's explanation that it promoted a lower ranked black officer to sergeant position, to fulfill the mandates of a consent decree, was not a pretext to engage in age discrimination against a white officer who's promotion was delayed. $2,700 jury verdict reversed. Stokes v. City of Omaha, 23 F.3d 1362, 64 FEP Cases (BNA)1107 (8th Cir. 1994). {N/R}
     PERF opposes extension of the Public Safety Exemption to the ADEA; Senate holds hearings. P.E.R.F. Position Statement (March 29, 1994), 32 (1562) G.E.R.R. (BNA) 549. [1994 FP 115]
     Public safety exception to the A.D.E.A. ended 12/31/93. [1994 FP 67]
     Supreme Court declines to review appeals court decision allowing Chicago Police to involuntarily retire sergeants and higher ranks at age 63 while keeping patrolmen to age 70. McCann v. Chicago, 968 F.2d 635 (7th Cir.), cert.den. #92-618, 113 S.Ct. 495 (1992). [1993 FP 3]
     City could not extend mandatory retirement age of 63 to members of fire department not covered in retirement law as of 1983. Roche v. City of Chicago, 61 FEP Cases (BNA) 1153 (N.D.Ill. 1993). [1993 FP 99]
     Federal appeals court upholds Georgia state police age 55 mandatory retirement law. Knight v. Georgia, 61 LW 2788 (6/14/93). [1993 FP 115]
     Federal court strikes down state police age 55 mandatory retirement law. Gately v. Comm. of Mass., 811 F.Supp. 26 (D.Mass. 1992), relying on Western Air Lines Inc. v. Criswell, 105 S.Ct. 2743 (1985). Affirmed by appellate panel, 2 F.3d 1221 (1st Cir. 1993). Cert. den., 114 S.Ct. 1832 (1994). [1993 FP 147]
     First Circuit strikes down a statute which requires public employees over 70 to pass a medical exam for continued employment. EEOC v. Comm. of Mass., 987 F.2d 64 (1st Cir. 1993). [1993 FP 163]
     Supreme Court declines to review appeals court decision allowing Chicago Police to involuntarily retire sergeants and higher ranks at age 63 while keeping patrolmen to age 70. McCann v. Chicago, cert.den. S.Ct. #92-618 (1992). [1993 FP 3]
     Federally funded study of age discrimination for fire, police and corrections concludes there should be no exemptions for public safety positions. [1992 FP 99-100]
     Federal appeals court allows Chicago Police to involuntarily retire senior officers at an earlier age than patrolmen. McCann v. City of Chicago, 968 F.2d 635 (7th Cir. 1992). [1992 FP 147]
     Federal court holds that terminated 55-year old could sue when he was replaced by a 48-year old. Replacement worker can also be a member of the protective class. Kachur v. Thistledown, 55 FEP Cases (BNA) 1067 (N.D. Ohio 1991).
     Suing under the Illinois Human Rights law, state investigators successfully challenge age 60 mandatory retirement. State v. Mikusch, 562 N.E.2d 168, 1990 Ill. Lexis 109. {N/R}
     Older Workers Benefit Protection Act becomes law. Act reverses a 1989 Supreme Court decision that exempted employee plans from ADEA. Older Workers Benefit Protection Act, P.L. 101-433.
     Police captain and sergeant who were involuntarily retired at age 55 receive $378,000 and $295,000 in damages. McBrayer v. City of Marietta, Nos. 1:85-CV-4731-HTW and 1:86-CV-1798-HTW, 33 (5) ATLA L. Rep. 226 (N.D. Ga. 1989).
     Two statutes, one abolishing age discrimination, and one setting age 60 for mandatory retirement of investigators, were not in conflict, and forced retirement was upheld. Secretary of State v. Mikusch, 536 N.E.2d 1241 (Ill.App. 1989).
     Tennessee's age 55 mandatory retirement law for wildlife agency enforcement officers is struck down by federal appeals court. EEOC v. Tennessee Wildlife Resources Agency, 859 F.2d 24 (6th Cir. 1988); prior decision at 696 F.Supp. 1163, reversed.
     Kentucky State Police age 55 retirement struck down by federal appeals court; dept. failed to test fitness of its officers and retained those with health problems. EEOC v. Kentucky State Police, 860 F.2d 665 (6th Cir. 1988).
     Jersey appellate court invalidates mandatory age 65 retirements in suit brought by police and fire chiefs and other high-ranking supervisors. Boylan v. State, 222 N.J. Super. 313, 536 A.2d 1283 (App. 1988).
     Chicago officer involuntarily retired at age 63 awarded $125,527 in damages plus $50,000 legal fees. Dillon v. City of Chicago, U.S. Dist. Ct. NO. 85-C-5017, 30 ATLA L. Rep. 118 (N.D. Ill. 1987).
     Failure of law enforcement agency to develop, implement and enforce minimum health and fitness standards invalidates its age 60 forced retirement rule; U.S. appeals court orders back pay to retirees. EEOC v. Mississippi State Tax Cmsn., 47 FEP Cases (BNA) 382, 837 F.2d 1398 (5th Cir. 1988).
     Age 60 mandatory retirement for conservation officers is struck down by federal appeals court. EEOC v. State of Mississippi. 837 F.2d 1398 (5th Cir. 1988).
     Federal appeals court overturns holding that allowed age 60 mandatory retirement of Penn. State Troopers. EEOC v. Comm. of Pennsylvania, 829 F.2d 392 (3rd Cir. 1987); 645 F.Supp. 1545 (M.D. Pa. 1986) reversed.
     Jury award of $200,000 for emotional suffering by officer who was involuntarily retired was probably excessive. Kaczor v. City of Buffalo, 657 F.Supp. 441 (W.D. N.Y., 1987).
     New federal law exempts certain law enforcement and fire personnel until 1993; federal study ordered. P.L. 99-592 at 10C, U.S. Code C.&A.N. (West) 5632 (Dec. 1986).
     Federal trial court upholds New Jersey state police age 55 retirement rule; individualized testing not required. EEOC v. State of New Jersey, 40 FEP Cases (BNA) 1219 (D.N.J. 1986).
     Federal Court denies EEOC injunctive relief in suit against state police; age 55 retirement rule supported by evidence. EEOC v. State of New Jersey, 620 F.Supp. 977 (D.N.J. 1985).
     City could not treat over age 60 firefighters as "contract" employees and exclude them from additional pension benefits. Johnson v. Mayor of Baltimore, 105 S.Ct. 2717 (1985). Decision below, 515 F.Supp. 1287 (D.Md. 1981).
     Injunction issued to prevent mandatory retirement of 57-year-old police major in Kentucky. EEOC v. City of Bowling Green, 607 F.Supp. 524 (W.D. Ky. 1985).
     Federal Court upholds age 60 mandatory retirement for Illinois state troopers. Popkins v. Zagel, 611 F.Supp. 809 (C.D. Ill. 1985).
     Federal Court rules dept. is liable under ADEA for differences owed to deceased officer's estate, where officer was involuntarily retired in violation of age discrimination act. Johnson v. Twp. of Bensalem, 609 F.Supp. 1340 (E.D. pa. 1985); Bensalem Township v. Western World Insur. Co., 609 F.Supp. 1343 (E.D. Pa. 1985).
     Policemen who were forcibly retired at age 55 are entitled to back pay and attorneys" fees. Heiar v. Crawford County, Wis., 746 F.2d 1190 (7th Cir. 1984).
     Federal court upholds back pay claim but not emotional or punitive relief; fire chief terminated at age 60. Karr v. Twp. of Lower Merion, 582 F.Supp. 410 (E.D. Pa.).
     City cannot force older employees to retire for budgetary reasons. EEOC v. City of Altoona, 723 F.2d 4 (3rd Cir. 1983).
     Federal court knocks down age 50 retirement for fire and police personnel in Eastern Tennessee. Whitfield v. City of Knoxville, 567 F.Supp. 1344 (E.D. Tenn. 1983).
     Promotional exam ties may not be "broken" by candidate age; violation of age discrimination legislation. Civil Service Cmsn. v. Trainor, 39 Conn. Super. 528, 466 A.2d 1203 (1983).
     ADEA protects “desk job” sergeant. Mahoney v. Trabucco, 574 F.Supp. 955 (D. Mass. 1983).
     City could not lay off older firefighters due to fiscal problems; state law inapplicable, older workers cannot be discriminated against. Popko v. City of Clairton, 570 F.Supp. 446 (W.D. Pa. 1983).
     Supreme court strikes down mandatory retirement laws; fire and police personnel no exception to federal ADEA act. EEOC v. Wyoming, 103 S.Ct. 1054 (1983).
     Mandatory retirement must be on an individualized and non-discriminatory basis; waivers for those under 60 will undermine involuntary retirement for those over 60. Maximum entry age of 32 upheld for troopers, however. EEOC v. Missouri State Highway Patrol, 555 F.Supp. 97 (W.D. Mo.); modified, 748 F.2d 447 (8th Cir. 1984); cert. den. 106 S.Ct. 88 (1985).
     Punitive and emotional injury damages are not recoverable under federal age discrimination law. Whiteman v. Kroger, 548 F.Supp. 563, 31 FEP Cases (BNA) 1078 (C.D. Ill. 1982). (Act amended, 1991, however).
     Officer could stay to age 70 because law so provided at the time he was hired. Age 65 retirement law would not apply to him. Wencke v. City of Indianapolis, 429 N.E.2d 295 (Ind.App. 1982).
     Federal court rejects mandatory retirement age of 65 for Minneapolis police captains; state statute stricken. EEOC v. City of Minneapolis, 537 F.Supp. 750 (D. Minn. 1982).
     Federal age discrimination act not applicable to federal law enforcement personnel. Bowman v. U.S. Dept. of Justice, 510 F.Supp. 1183 (E.D. Va. 1981).
     Federal appeals court upholds district court decision in favor of St. Paul district fire chief; dissatisfaction with another circuit expressed. Age 65 mandatory retirement rejected. EEOC v. City of St. Paul, 500 F.Supp. 1135 (D. Minn. 1980); aff'd 671 F.2d 162 (8th Cir. 1982).
     Federal Court upholds age 60 maximum in small town police force. Beck v. Bor. of Mannheim, 24 FEP Cases (BNA) 1300, 505 F.Supp. 923 (E.D. Pa. 1981).
     Statute requiring department to lay off members entitled to pensions before those not eligible for pensions is upheld. City of McKeesport v. Int. Assn. of Fire Fighters, 399 A.2d 798 (Pa. Cmwlth. 1979).
     EEOC cannot challenge mandatory retirement laws without assistance of a complaining public employee. Equal Emplmt. Opp. Cmsn., v. City of Allen Park, U.S. Dist. Ct. #Civ. 79-72986 (E.D. Mich. 1979).
     Federal age discrimination in employment act (ADEA) does not authorize damages for “pain-and-suffering” or punitive damages. Walker v. Pettit Construction Co, 605 F.2d 128 (4th Cir. 1979).
     Age 55 mandatory retirement of police supervisor upheld in New York. State Div. of Human Rights v. State Div. of State Police, 406 N.Y.S.2d 401 (A.D. 1978).
     Former police chief, involuntarily retired at age 60, recovers $60,000 damages; other and older officers were permitted to remain. Madison v. City of Green Bay, Brown Co. Cir. Ct. (Wis. 1979).
     Supreme court finds that age discrimination plaintiffs must first file complaint with state agency before litigating their claims in federal court; state statute of limitations may be disregarded, however. Oscar Mayer & Co. v. Evans, 99 S.Ct. 2066 (1979); lower court decisions at 580 F.2d 298 reversed.
     Kentucky high court rules that compulsory retirement age need not be imposed. Terrill et al v. Barber, 515 S.W.2d 239 (Ky. 1974).
     Supreme Court upholds Massachusetts' mandatory retirement system. Massachusetts Board of Retirement v. Murgia, 96 S.Ct. 2562 (1976).
     See Symposium: age as a criterion for work performance - chronologic vs. physiologic age. The following articles appear in 19 (2) Medicine and Science in Sports and Exercise 157-185 (1987):
     • Age and other predictors of coronary heart disease.
     • Human rights and the older worker; changes in work capacity.
     • Functional vs. chronologic age.
     • Job performance testing: an alternative to age discrimination.