NCJ Number
113995
Journal
St. John's Law Review Volume: 62 Issue: 2 Dated: (Winter 1988) Pages: 361-375
Date Published
1988
Length
15 pages
Annotation
This article discusses litigation of a Pennsylvania law mandating the retirement of Pennsylvania State Police members when they reach 60 years of age.
Abstract
The article argues that the appellate decision was improper because it set stricter requirements than those contemplated by the U.S. Supreme Court and placed an undue burden on employers seeking to justify mandatory retirement programs. The police officer challenging forced retirement claimed that the Pennsylvania mandatory retirement statute violated the Age Discrimination in Employment Act of 1967, as amended, and the equal protection clause of the 14th amendment. The Commonwealth of Pennsylvania and the Pennsylvania State Police claimed that the mandatory retirement provision was a bona fide occupational qualification that was reasonably necessary for police officers who had to meet certain requirements of safety, job efficiency, and physical ability to perform their duties. A district court held in favor of the defendants, finding that mandatory retirement at age 60 constituted a bona fide occupational qualification. The judgment was vacated and remanded twice, with the appellate court holding that physical health and fitness could not be relied upon as a bona fide occupational qualification until the Pennsylvania State Police developed, implemented, and enforced minimum health and fitness standards for officers of all ages. 69 footnotes.