Quote:
Denny
If you are only trying to avail yourself of the federal law, then yes.Originally Posted by Denny Crane
Soooo, you’re saying legally, age discrimination can only work one way?Denny
The Federal Age Discrimination in Employment Act of 1967 (29 USC §621 if you are really bored after 4QCQ) "protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC)."
However, it can work the other way as well but age discrimination is only analyzed by a court under a "rational basis" standard which is pretty favorable to the rule maker. If you can come up with some/any rational reason why the rule/law should be upheld, it will likely survive.
On a more relevant note for us pilots, despite the existence of the ADEA, the Supreme Court decision in Massachusetts Board of Retirement v. Murgia is pretty much the "go to" case that established the judicial standard of review which upholds our FAA mandated retirement age.